The team from SDL Property Management shed some light on the health and safety requirements of communal areas.

It seems no matter what you are reading around block management or leaseholder responsibility, health and safety requirements always crop up. There’s the usual responsibilities of the leaseholder or managing agent with property management, however it’s often unclear where the boundaries lie when it comes to communal areas. There are legal requirements for both health & safety and fire risk assessments, where accurate reporting and investigating plays a vital part.

If it does come to light that there was a possible health or safety risk, or that someone has been injured on the property because of the lack of suitable assessments and actions addressed, then the responsible person could be sued for negligence, prosecuted and will likely see a lack of resident applications going forwards.

When referring to the responsible person in this article, this is the freeholder unless a managing agent has been assigned to manage the block.

Health and Safety Assessments

It is a legal requirement for communal areas to be assessed for health and safety risks, under the Management of Health and Safety at Work Regulations 1999. 

The purpose of the assessment is to identify any existing or potential risks, and for suggestions to be made on which areas should be monitored and managed. 

Reports of the assessments carried out should be shared with any employees, such as cleaners or contractors, and residents that have access to the area.

If an adequate assessment is not in place and an incident was to occur, resulting in an injury to anyone, the responsible person would be held liable for failing to keep up to date with regulations and could be prosecuted as a result.

Assessments should be revisited regularly to help prioritise the health and safety of residents and employees, but also the block itself, where all recommendations and implemented actions are documented and reported.

Fire Risk Assessments

A Fire Risk Assessment (FRA) is another legislative requirement for blocks, as detailed in the Regulatory Reform (Fire Safety) Order 2005. 

If a fire officer enters a block and asks to see a risk assessment, they have the authority to issue enforcement notices if an assessment is out of date or there is a fire risk.

The FRA must consider and detail the existing fire safety measures and determine whether additional measures are necessary., and when they should be carried out.

Flat entrance fire doors that lead into a communal or shared area are critical to provide fire and smoke protection to residents, and must meet the required minimum standard.

Typically Fire Risk Assessors recommend that communal areas are kept completely clear of items- this would include pushchairs, bicycles, plants, chairs etc. Doormats can be deemed as acceptable, providing that they are in good condition and do not present a trip hazard, however it is worth checking with the local council. 

If items are left in communal areas, then the responsible person should ensure that they are removed as soon as possible and take appropriate actions to ensure that they are cleared.

When Should Assessments be Checked/Renewed?

Some health and safety assessments need to be reviewed anywhere between 6 months to 4 years of regular inspections. If the leaseholder doesn’t have a managing agent, we recommend consulting with a professional chartered body, or a qualified surveyor for support in this area.

Flat entrance fire doors should be checked every six months, to ensure that they close properly and see whether there is any damage to doorframes, locks or subject to wear and tear factors.

Health and Safety and Fire Risk Assessments should be viewed as living documents that inform and help with the management of any development. They should be reviewed by the responsible person at a minimum of once a year.

You can contact the SDL Property Management team via their website.