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Does a block of flats need annual gas safety checks and lift inspections?

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For a block of flats with long leases, annual gas checks and six-monthly lift examinations are commonly expected, but they are not set out as statutory duties for a residents’ or freehold company. Leases, insurers and the Health and Safety at Work etc. Act usually bring them in anyway.

Gas: communal boilers, pipework and flues

The annual landlord’s gas safety check (regulation 36 of the Gas Safety (Installation and Use) Regulations 1998) applies to landlords letting under leases of less than seven years, periodic tenancies and licences. A residents’ or freehold company whose members hold long leases is not that kind of landlord, so the annual check is not its statutory duty. It would be for anything the company lets itself on a short tenancy.

Regulation 35 requires an employer or self-employed person to keep gas appliances and pipework at their place of work in a safe condition. It sets no interval, and only applies if the company has a workplace under its control.

The practical pressure comes from elsewhere. A leaseholder who lets their flat on a short tenancy is a landlord under regulation 36. HSE says that landlord must make sure the building owner maintains and checks communal appliances, flues and pipework, and says good practice is regular annual checks. Most leases also oblige the freeholder or management company to maintain communal plant.

  • Use a Gas Safe registered engineer for any work.
  • Servicing follows the manufacturer’s instructions, otherwise annually unless the engineer advises differently.
  • HSE recommends a pipework soundness test at the same visit, as the annual check doesn’t cover it.
  • There is no formal duty to keep records, but you need to be able to show the maintenance happened.

Lifts: passenger lifts in blocks of flats

HSE’s guidance on the Lifting Operations and Lifting Equipment Regulations 1998 (LOLER) says a passenger lift in a block of flats is not “work equipment”, because it is mainly for residents. LOLER therefore doesn’t apply to it directly. The general duty in section 4 of the Health and Safety at Work etc. Act 1974 applies instead, and HSE says a lift that is examined to LOLER standards will probably meet it.

LOLER requires a thorough examination at least every six months for equipment that lifts people. That six-month interval is why it is the recognised standard for lifts in blocks, and insurers often require it. LOLER itself would apply if the company has employees who use the lift.

  • There is no statutory interval for servicing. It comes from the manufacturer and your maintenance contract.
  • HSE says the examiner should be independent of the contractor who maintains the lift.
  • Keep the examination reports. They show the date the next examination is due.

Why “commonly expected” matters

Telling directors an annual gas check or a six-monthly lift examination is “legally required” would overstate the law for most resident-run buildings. But skipping them is risky. Insurers can attach conditions, and leases can impose the duty. Treat them as expected, put reminders in the diary, and keep a record of each visit.

This is general information, not legal advice. Check your lease and your insurance policy.

How Tiny Freeholder helps

Tiny Freeholder has a gas and a lift section that shows only when your building has communal gas or a lift. Each keeps a history of checks, the next due date and the contractor’s report, and reminds you before the date. For lifts it tracks the six-monthly examination and the maintenance contract renewal separately.

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