Fire safety

Under the tolerable standard all homes in Scotland must have interlinked heat and smoke alarms from 1 Feb 2022. [1] This means owner-occupiers and landlords (including registered social landlords) are responsible for making sure their properties have:

• one smoke alarm in the living room or room used most

• one smoke alarm in every hallway or landing

• one heat alarm in the kitchen

Each alarm should be installed on the ceiling and interlinked.

Safety in private and social rented accommodation generally has to be considered in terms of disrepair and statutory nuisance. The exceptions are houses in multiple occupation (HMOs), which are covered by licensing requirements. In addition, the Fire (Scotland) Act 2005 applies to houses in multiple occupation (HMOs) and some other accommodation such as bed and breakfasts.

Housed in multiple occupations (HMOs) fall within the scope of the fire safety regime in Part 3 of the Fire (Scotland) Act 2005 which came into force on 1 October 2006. Under that legislation it is for the Scottish Fire and Rescue Service to determine what fire safety measures are appropriate to provide based on an assessment of risk, and they can also take enforcement action necessary.

However the local authority has a duty to take into account the condition of living accommodation as well as the safety and security of persons likely to occupy it [2] – the authority should therefore take into account the level of fire safety in the HMO and the extent of compliance with the Fire (Scotland) Act 2005, together with the advice or recommendations of the chief officer of the fire and rescue authority and may, if it sees fit, refuse to grant a licence on this basis.

See the section on Houses in multiple occupation – standards of accommodation for more information.

Other (non-domestic) premises with sleeping accommodation are covered by the Fire (Scotland) Act 2005.

The person with control of the ‘relevant premises’ has a duty to take reasonable fire safety measures to ensure the safety of persons in the premises. [3] See Scottish government - practical fire safety guidance for existing premises with sleeping accommodation for more information on what is required. Relevant premises include:

• Boarding houses, guesthouses and bed and breakfast accommodation

• All HMOs (see the section on standards of accommodation in HMOs for more information)

• Other premises with ‘sleeping accommodation’ such as hotels and holidays lets.

Enforcement action in relation to this can be taken by the Scottish Fire and Rescue service.

It should be noted that hospitals, care homes and prisons are not considered to be ‘relevant premises’ but each have their own guidance.

The Environmental Protection Act 1990 gives tenants and other occupiers the power to take action if there is a statutory nuisance present. Examples of statutory nuisance affecting fire safety could be dangerous electrical wiring, dangerous staircases or piles of rubbish obstructing the means of escape.

For further information, please see the section on using the Environmental Protection Act.

The Occupiers Liability (Scotland) Act 1960 places a duty of care on landlords as regards visitors to her/his property. This however only gives a right to raise an action after an accident has occurred.

Anyone injured in a fire or whose property is damaged may have a right of action against the landlord, builders or anyone directly culpable for negligent work.

All households in Scotland can request a Home Fire Safety Visit. These are provided free of charge by Scottish Fire and Rescue Service (SFRS).  They will also fit smoke alarms free of charge if required. See the pages on Scottish Fire and Rescue Service – Home Fire Safety Visit for more information.