Health and Safety Documents ~ a Landlord and Tenants perspective
If you are a tenant, acquiring a property, then we advise that you ask the landlord for copies of relevant documents such as the Asbestos Management Plan, the Electrical Condition Report, the Gas Safety Certificate and the Fire Risk Assessment. As the tenant you will become responsible for adhering to statutory provisions as well as being responsible for the maintenance of these matters, so you should know what you are agreeing to.
If you are a landlord, then we advice that you ensure your tenant has these documents and if not request to see them when they undertake dilapidations. No one should be instructing a contractor to work on the property without knowing if there is asbestos present for example. All contractors should request site of these documents as well.
There is a legal requirement that all non domestic premises have an asbestos management plan. You need to make this available to any contractor that undertakes work at your premises.
Regulation 35 of The Gas Safety (Installation and Use) Regulations 1998 places a duty on employers and self employed persons as follows:
“It shall be the duty of every employer or self employed person to ensure that any gas appliance installation pipe work of flue installed at any place of work under his control is maintained in a safe condition so as to prevent risk of injury to any person”
There are of course further general safety requirements that will also apply under the Health and Safety at Work Act and related legislation.
It is advisable that gas appliances should be serviced in accordance with the manufacturer’s instructions and if these are not available, then annually, unless otherwise advised by a Gas Safe registered engineer.
Competence in carrying out gas work safely is required to comply with the general duties in sections 2 and 3 of the Health and Safety at Work Act. See regulation 3 for details. One way of demonstrating or ensuring competence is to engage a gas safe registered engineer.
There is a legal duty under the Electricity at Work Regulations 1989 for all electrical installations in work placed to be designed, constructed and maintained to be safe and to prevent danger. A competent person should test and inspect the electrical installation at the property to ensure its safety. Tests should be undertaken every 5 years in respect of commercial property or subject to the advice of the competent person. Also as with gas safety, there is a duty to ensure that employees and others affected by their work are safe. The best way to find out if your electrical installation is safe is to have it inspected and tested.
Fire Risk Assessment
In accordance with The Regulatory Reform (Fire Safety) Order, a competent person must undertake a Fire Risk Assessment. It is of course also important that the responsible person then adheres to any remedial works required and regularly reviews the document.
More information can be found on the following links
Michael Parkes Surveyors has an extensive network of professionals and we can assist you in ensuring you have the correct documents and the right contacts.