The common areas of a block or estate put an obligation for the landlord to ensure that these are safe for all users whether residents visitors burglars and Greenpeace mountain climbers.
This applies to larger mixed used and multi block schemes, especially as many new builds include roads path ways parking areas and leisure spaces and facilities, as well as the tiny shared porch in a 1 up 1 down Victorian conversion.
For all blocks the two key obligations are to carry out
1 A Fire Risk Assessment
2 A common areas and workplace health and safety risk assessment
A common question is how frequently and its important to understand that this is an ongoing obligation and updating should be carried out when something changes and as recommended by the Consultant doing the initial assessment .
Not having 1 can void a buildings insurance policy and not having 2 can, even if a contractor was changing a light bulb with the power on and while standing in a bowl of water, lead to liability for failing to ensure that you had assessed the risks and that the Contractor had the required risk assessments and method statements in place.
NB There are several requirements especially where blocks are older or more complicated.
Contractors are often said to be responsible for their own health and safety however
1 you are still responsible that the areas they are working in are safe to use ( even if they are just going to flat 3 to work for flat 3)
2 that you are required to take reasonable steps that they are working safely in areas under your control
A common misperception is that flats are domestic so the rules don’t apply however common areas are treated as non domestic property.
ARMA and the HSE websites give links to lots of advice and templates which helps you understand and decide if you can do this on your own, and
A research and review what a contractor needs to do, is doing and that they are in compliance
B help in briefing and choosing a consultant
They key questions are
-Is this area our responsibility
-Are we competent to manage this
-As always does the lease allows us to recover the cost and have we the funds or do we need to budget
While tempting to DIY even a director of a company can face personal and criminal liability for an incident, and the costs are often uninsurable. While using a consultant does not insulate you from this it does offer the defence that you took reasonable steps. Having been interviewed by the Police after an incident ( the cleaner’s stupidity leaning over a stair rail to clear a web) and facing a fine or imprisonment, having the required paperwork and training in place, the problem went away.
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