The following article summarises the main Health and Safety regulations that apply to blocks of flats. (Note: this article does not encompass every regulation – there are many others.)
The duty to comply with the regulations falls on the landlord or person responsible for managing the block; this could include a Property Manager, a Residents’ Management Company or a Right to Manage Company.
Health and safety should never be ignored or dismissed. Failing to comply with even the most basic regulations can very easily result in an accident or injury. Circumstances like this are incredibly unfortunate for those involved, especially if the situation could have been avoided had the correct protocol been followed. In addition to this, the cost of complying in the first place is far less than the expenditure following an accident (i.e. legal costs and maintenance repairs).
Risk Assessment of Communal Areas
All blocks of flats must have a risk assessment carried out on the health and safety of any common areas. You may argue that common areas are not ‘at work’; however, if any cleaner, gardener, managing agent or repair contractor enters them, then a risk assessment must be completed and documented.
Remember to include all areas, including gardens, grounds, plant rooms, meter cupboards and lift motor rooms.
If there are no employees of the landlord working at the block, there is no requirement to record the risk assessment. However, it would be good practice to do so anyway as if an accident occurred and you had no proof of a risk assessment being carried out, you are much more likely to be prosecuted and/or sued for negligence. The risk assessment should be undertaken on a regular basis to reassess any changes and risks.
Fire Safety
It is estimated that, across the UK, fire damage costs businesses around £8.3 billion every year. This figure, as immense as it is, truly highlights the number of accidental fires taking place across the nation, as well as indicating the need for strict adherence to fire safety regulations. According to the Chief Fire Officers’ Association, it is further estimated that approximately 60% of businesses never fully recover from these costs.
Fire safety laws have been in place since 2006 which require every block of flats to have a fire safety risk assessment. Again, this applies to common parts, not to the inside of any flats. Fire officers can enter any block of flats to undertake an inspection, ask to see the risk assessment and issue enforcement notices to improve fire safety should the need arise.
Working at Height
These type of health and safety regulations apply to any height that could injure a person if they fell from it – even below ground level.
If window cleaners or other contractors visit a block of flats, then an assessment of the risk from working at height is required. Part of the duty to assess risk will obviously fall on the window cleaner, but you also have a duty to ensure these assessments are undertaken.
The principle is that any work at height should be avoided if it is practical to do it in another way. It if cannot be avoided, then the work must be assessed, and a plan put in place to complete the work with the least amount of risk.
Work at height can include changing light bulbs, general cleaning, testing smoke detectors and cleaning gutters. If a ladder is supplied by the landlord for changing light bulbs or checking smoke detectors, it should be checked regularly, and a notice stuck on it with safety precautions for its use.
Electrical Equipment Safety
According to Health and Safety Executive, frequent electrical safety inspections should take place at your block to keep workers and residents safe; for example, if electrical equipment is supplied to a cleaner, then it must be regularly tested to ensure there is no risk. If not kept correctly, electrical equipment can cause severe shocks, burns and injuries; as such, it is of utmost importance that they are properly maintained.
Almost every building has electricity which can pose a threat to the people working or living there. Cables, sockets and plugs can be dangerous and must be checked thoroughly, as well as fuses and circuit-breakers to see if they are adequately protecting electrical circuits.
As stated by HSE, a standard inspection should assess:
- who could be harmed by electrical equipment.
- how the level of risk has been established.
- the precautions taken to control that risk.
A visual inspection and a more formal test should be carried out at the intervals recommended by the Institution of Engineering and Technology.
Legionella
Legionella is a bacterium common in water systems which can result in Legionnaires’ disease.
There is a responsibility and duty to control the risks of Legionella in any pipes, tanks and taps in common parts (including a cleaner’s cupboard). Cold water tanks, taps and showers within lessees’ flats are the responsibility of the lessees, unless the lease puts the responsibility for repairing them on the landlord. Water tanks in roof spaces are more likely to be the responsibility of the landlord and are a greater risk where water is present at temperatures between 20°C and 45°C. A risk assessment involves assessing whether conditions are right for bacteria to flourish.
The starting point is a risk assessment usually carried out by an expert, and if there are risks then a written action plan should be produced to reduce them. As well as this, a review of the risk assessment should be undertaken on a regular basis.
