Landlord vs Tenant: Who Is Responsible for Fire Safety in India?

One of the most frequently disputed questions in Indian commercial real estate is: when a rented property fails a fire safety inspection — or worse, when a fire breaks out — who is legally responsible? The answer depends on the type of lease, the nature of the failure, and the applicable state fire laws.

The General Legal Position

Under Indian property law and most state fire prevention acts, the owner/landlord is the primary legal entity responsible for ensuring that the building structure and its built-in fire safety systems are compliant. However, the occupier/tenant bears responsibility for the use of those systems and for their own operational fire safety practices.

Landlord's Responsibilities

• Obtaining and renewing the Fire NOC for the building.
• Installing fire safety systems (sprinklers, hydrants, alarms) as required by NBCS 2026 and the building bye-laws.
• Ensuring the building's passive fire protection (fire-rated walls, doors, stairs) is intact.
• Maintaining common area fire safety systems under an AMC.
• Providing a copy of the building's fire evacuation plan to all tenants.

Tenant's Responsibilities

• Not obstructing emergency exits or fire escape routes within the leased premises.
• Maintaining fire extinguishers within the leased unit (as specified in the lease).
• Conducting fire drills for their employees under the Factories Act or NBCS 2026.
• Not carrying out electrical modifications that could create fire hazards without landlord approval.
• Not storing flammable materials beyond permitted quantities.
• Paying a proportionate share of the building's fire safety AMC, if stipulated in the lease.

What the Courts Have Said

In Uppal Engineering Co. v. State of Maharashtra (Bombay High Court, 2019), the court held that both the landlord and the operating tenant could be prosecuted under the Maharashtra Fire Prevention Act when a fire occurred in a factory unit due to faulty electrical wiring in the leased premises. The liability was apportioned based on who had control over the relevant aspect of the premises.

Practical Advice: Protect Yourself with a Well-Drafted Lease

Every commercial lease in India should now include a dedicated Fire Safety Compliance Clause that clearly specifies:

• Who is responsible for obtaining and renewing the Fire NOC.
• Who bears the cost of AMC for fire systems within the premises.
• The tenant's obligation not to block exits or store prohibited materials.
• Indemnification provisions in case of fire caused by the tenant's negligence.
• Whether the tenant must carry their own fire insurance policy.

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