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What it regulates
Established fire prevention and protection requirements for industrial establishments. This sheet reconstructs historical design, commissioning and inspection rules and explains the transitional cases under the 2025 regulation.
Who it applies to
Industrial regulation protecting people and property: projects, construction characteristics, installations, inspections and action following fires. It must be combined with preventive organisation, risk assessment and workplace emergency arrangements.
Key provisions
Its historical objective was to prevent fire, limit its spread and facilitate extinction. Article 2 defines included establishments and exclusions; the mere presence of a workplace does not bring every building within this industrial regulation.
Article 1Articles 4 and 5 governed technical documentation and commissioning. Traceability of the project, certification and applicable establishment rules must be retained; historical authorisation does not establish current compliance with every duty.
Article 4Articles 6–9 provided for inspections, maintenance and reporting defects. The former five-, three- or two-year intervals by intrinsic risk belong to the historical regime; current inspections must be checked against the transition under RD 164/2025.
Article 6Establishment and risk classification under article 12 and annex I determined construction and protection requirements under articles 13–14 and annexes II–III. It does not replace a specific assessment of worker exposure and evacuation.
Article 12Articles 10–11 provided for reporting and investigating specified fires. Current operation, maintenance, inspection and action after fires follow the successor rules applicable to existing installations.
Article 10History and versions
Initial publication: 17/12/2004 · Initial entry into force: 16/01/2005
BOE-A-2004-21216Published on 17 December 2004, effective from 16 January 2005. A 2005 correction, 2010 documentation changes, a 2023 mutual-recognition amendment and repeal in 2025 are recorded. All four verified subsequent relationships are retained.
Correction published on 5 March 2005; relevant when reconstructing the original text and annexes.
BOE-A-2005-3663RD 560/2010 amends articles 4.2 and 5 on documentation and commissioning.
BOE-A-2010-8190RD 145/2023 amends article 15.2 with effect from 1 July 2023.
BOE-A-2023-7056RD 164/2025: repeal from 10 May 2025 and a new regulation, with transitions for existing installations and specified projects in its first and second transitional provisions.
BOE-A-2025-7190Text versions of the selected OSH provisions
| Publication | Effective date | Official reference | Affected provisions |
|---|---|---|---|
| 17/12/2004 | 16/01/2005 | BOE-A-2004-21216 | Article 1, Article 2, Article 4, Article 5, Article 6, Article 7, Article 8, Article 9, Article 10, Article 11, Article 12, Article 13, Article 14, Article 15 |
| 22/05/2010 | 23/05/2010 | BOE-A-2010-8190 | Article 4, Article 5 |
| 18/03/2023 | 01/07/2023 | BOE-A-2023-7056 | Article 15 |
Transitional provisions and application notes
RD 164/2025 repealed this regulation on 10 May 2025. Its first transitional provision does not itself require every existing establishment to be rebuilt to the new construction requirements; it distinguishes those requirements from operational and inspection duties.
Official referenceFrom 10 November 2025, six months after the successor entered into force, the specified operation, maintenance, inspection, fire-response and sanction rules apply to existing establishments. Those built under the 2004 rules adapt inspection content and frequency while retaining the applicable construction requirements as their reference.
Official referenceThe successor’s second transitional provision allows specified projects or works under the former regime, subject to licence and time limits: at most four years from 10 May 2025 to finish and start operating, and commencement within the licence period or, failing that, nine months after grant. The six-month window to apply for a licence and choose the 2004 regime has already closed; it is not an indefinite option.
Official reference
Official BOE legal relationships
This record covers the history of the selected occupational safety and health provisions. The official analysis also provides the relationships affecting other subjects in the legislation.
Official BOE legal relationships
