In the business environment, renting a space – whether for offices, production, storage, or commercial activities – is common practice. However, few entrepreneurs realize that beyond commercial terms, there are strict legal obligations concerning fire protection that must be contractually assumed.
According to Article 19 letter h) of the General Fire Safety Regulations, when the right of use over an immovable asset is temporarily transferred – through a lease, loan-for-use agreement, or another type of assignment – it is mandatory to include a written agreement specifying each party’s responsibilities regarding fire prevention and firefighting.
What does this obligation involve?
More precisely, the lease agreement must include an annex or a dedicated clause that:
- Clearly defines the fire prevention responsibilities of both the owner and the tenant;
- Specifies who provides first-response equipment (e.g., fire extinguishers, hydrants);
- Establishes who is responsible for training the personnel;
- Regulates obligations regarding the maintenance of fire detection, alarm, and extinguishing systems, if such systems exist.
This agreement is meant to prevent legal conflicts and ambiguities in case of an incident and to allow for a coordinated and effective emergency response.
Why is this provision important?
Failure to comply with Article 19 letter h) may lead to:
- Civil, administrative, or criminal liability in the event of a fire;
- Difficulties in dealing with control authorities (e.g., Fire Inspectorate, Labor Inspection);
- Possible denial of claims by insurers in case of damage.
This requirement applies regardless of the size or type of the rented space and is valid for both legal entities and public institutions or local authorities.
Specialists’ recommendation
Any lease agreement should be reviewed not only from a legal and financial perspective, but also through the lens of Occupational Safety and Fire Protection (OSH & FP). The involvement of a fire safety specialist (PSI technician or risk assessor) is essential for drafting the agreement, clearly assigning responsibilities, and avoiding future risks.
In an increasingly strict legal context, proactive compliance not only protects assets and human life but also provides a competitive advantage with partners and authorities.