Commercial Property Statute Update
Claire Osborn | 31/03/2008
No one likes financial surprises that they haven’t budgeted for – and Landlords and tenants of commercial Leases are no exception. In order to avoid those unhappy surprises they must be aware of all obligations imposed upon them. It is important, therefore, to be familiar with the many statutory obligations that apply to commercial premises, which may not be expressly set out in the lease itself. There have recently been a number of developments with regard to provisions that affect commercial premises generally. Some of the main developments include:
The Control of Asbestos at Work Regulations 2002 require both landlord and tenant to manage the risk from asbestos within the property by ensuring that a suitable and sufficient assessment is carried out as to whether asbestos is liable to be present in the property and of the condition of any asbestos present. The results of such assessment must be recorded and steps planned out to manage the risk of asbestos found and this must be reviewed and revised at regular intervals.
The Regulatory Reform (Fire Safety) Order 2005 requires all responsible persons to carry out a fire safety risk assessment including any necessary remedial work. Failure to have this in place could invalidate an insurance policy. If an employer is in control of premises occupied by his or her staff that will trigger the need for an assessment. All tenants must have an assessment and any Landlord who retains control of the common parts (who will usually recover the costs via the service charge). The assessment must be a satisfactory one and the Government recommends an expert do it professionally. There are criminal sanctions for failing to carry out such assessment.
The Hazardous Waste (England & Wales) Regulations 2005. It is an offence to remove hazardous waste from premises unless the Environment Agency is notified or the premises are exempt when waste is disposed of in a licensed site. Waste is defined widely and includes much IT equipment as well as batteries, fridges and fluorescent tubes.
The Health Act 2006 introduced the concept of ‘smoke free premises’. Any premises which are open to the public are now smoke free premises and landlords and tenants have a duty to put up no smoking signs or risk a fine in the Magistrates’ Court.
The Construction (Design & Management) Regulations 2007 apply to all ‘construction work,’ which includes alterations, repair and maintenance of the building, site preparation, putting up pre-fabricated structures and installation of equipment. The regulations set out duties regarding the management of health and safety and must be considered alongside the Workplace (Health Safety & Welfare) Regulations 1992.
If you require advice on any of the above or any commercial property matter please contact our Commercial Property Department on 01273 324041.
The information and options contained in this article are only intended as a general view of the subject concerned. Specific advice concerning individual situations should always be obtained from the usual contact at Griffith Smith Farrington Webb LLP. No part of the publication may be produced without the express written permission of the individual author.
