Martyn's Law vs fire risk assessment: what is different?

The short answer

Fire safety law and Martyn's Law are separate legal regimes with different purposes. Fire safety law, through a fire risk assessment, is about preventing fire and getting everyone out safely if one starts. Martyn's Law, the Terrorism (Protection of Premises) Act 2025, is about having procedures ready to reduce harm if a terrorist attack happens at or near your premises.

The statutory guidance is explicit that the Act "does not supersede other legislation, and all legislation must be complied with", naming fire safety as one example. So you need both. The good news is that a well-run fire safety regime gives you a strong head start: you already know your layout, exits, capacity, staff roles and how to run a drill.

Side by side: how the two regimes compare

The table below compares the main features. Fire safety law differs across the UK: the Regulatory Reform (Fire Safety) Order 2005 applies in England and Wales, with separate legislation in Scotland and Northern Ireland. Martyn's Law applies across the whole UK.

The "responsible person" label appears in both laws but the definitions are not identical. Under fire law it is generally the employer or whoever controls the premises. Under Martyn's Law it is whoever controls the premises for their Schedule 1 use. In most venues this is the same organisation, but in shared or leased buildings check carefully. See who is the responsible person.

Why a terrorism evacuation is not a fire evacuation

A fire evacuation assumes the danger is a fire inside the building, that moving everyone outside to a known point is safe, and that a loud alarm is the right signal. A terrorist attack breaks all three assumptions. The statutory guidance sets out the key differences, summarised here.

The guidance gives an example of a church whose fire plan sends everyone to an open assembly point. In a suspected attack, that crowd could become the target of a secondary attack, so the terrorism procedure tells people to disperse instead. Gathering points that are publicised or easy to predict are a particular concern.

Two further points matter. First, fire can itself be used as a weapon, so a fire alarm should not automatically be assumed to mean an ordinary fire. Second, the threat might be outside the building, in which case leaving is the wrong move. The guidance suggests that if the threat seems to be inside, evacuation may be best; if it seems to be outside, invacuation or lockdown may be more appropriate. Read our evacuation procedure guide for how to write this.

Lockdown and fire escape: resolving the conflict

Lockdown is where the two regimes most obviously pull in different directions. Fire safety wants exits that open freely. Lockdown wants to stop an attacker getting in. Martyn's Law does not override fire safety law, so your lockdown procedure has to work within it.

• Map every door: which can be locked from inside, which are fire exits, and which release automatically when the fire alarm sounds. The guidance specifically asks you to consider doors that unlock for fire evacuation.
• Prefer actions that keep people safe without blocking escape, such as closing and locking the front entrance while internal fire routes stay usable.
• Consider partial lockdown, which locks some entry points while keeping others open so people can still leave in a safe direction.
• Make sure any lockdown can be reversed instantly if there is a real fire.
• Talk to whoever carries out your fire risk assessment before changing any lock, maglock, door closer or shutter. A change made for security must not compromise means of escape.
• Update your fire risk assessment if your lockdown plan changes how doors or routes are used.

Our lockdown procedure guide covers one-way, two-way, partial and zonal lockdown in more detail.

Using your fire occupancy figure to find your tier

Home Office supplementary document A lists safe occupancy for fire safety purposes as the first of several accepted methods for working out how many people can reasonably be expected at your premises at the same time. If your fire risk assessment already states a maximum occupancy, it is a sensible starting point.

1. Find the safe occupancy figure in your fire risk assessment or fire strategy.
2. Check whether it includes staff. Martyn's Law counts everyone present, including staff, contractors and volunteers.
3. Add any areas your fire figure does not cover but which form part of the premises, such as an outdoor terrace or beer garden. The guidance gives an example of a café with a fire figure of 180 plus 30 outdoor seats, reaching 210.
4. Sense-check against reality. If your venue never gets near its fire figure, historic attendance data is another accepted method. For example, the guidance describes a nightclub with a safe occupancy of 875 but historic peaks of 725 being assessed as standard tier, with regular review.
5. Record the figure, the method and the date. The SIA notification asks for both the figure and how you calculated it.

Be careful near the 800 line. If your fire figure is above 800 but you assess a lower figure from historic data, keep the data and review it before busy periods or special events. Our guide to how to calculate capacity covers every method, and the free tier checker gives a quick first answer.

Combining training, briefings and drills

You do not need two separate training programmes. Most venues can fold Martyn's Law into the fire safety routines they already run, provided the differences are taught clearly.

• Induction: cover fire and terrorism procedures in the same session, but as distinct plans with distinct signals.
• Role cards: give duty managers one card with both, clearly headed "Fire" and "Suspected attack".
• Signals: agree a terrorism alert that cannot be confused with the fire alarm, such as a coded PA message or a specific verbal instruction.
• Drills: the guidance notes terrorism evacuation plans can be tested and practised in the same way as fire evacuation plans. Alternate fire drills with short invacuation or lockdown walk-throughs.
• Awareness: add the free ACT Awareness e-learning from ProtectUK to your training records alongside fire training.
• Records: keep one training log that shows both, which makes inspections from either regulator easier.

For example, a 400-capacity theatre might run its usual fire drill each term, then use the next staff briefing for a 15-minute tabletop on "attack in the foyer" and "attack outside during the interval". See testing and drills and free training and resources.

What to do next

Take your fire risk assessment, floor plan and occupancy figure, and use them as the starting point for your Martyn's Law work. Confirm your tier with the free checker, then write the four procedures, checking each one against your fire arrangements for conflicts. Our Martyn's Law checklist sets out every step in order.

If you would like templates built to sit alongside a fire risk assessment, our packs include procedure documents and staff cards that keep fire and terrorism actions clearly separate.

Frequently asked questions

Sources

• Terrorism (Protection of Premises) Act 2025: statutory guidance (Home Office)
• Non-statutory supplementary document A: methods for assessing the reasonable expectation of individuals present
• Regulatory Reform (Fire Safety) Order 2005 (legislation.gov.uk)
• Changes to fire safety law: how it affects you (London Fire Brigade)