Health and safety risk assessment (communal areas)

explainer guide

The safety of your building's communal spaces is a legal obligation. While the front door of an individual flat marks the beginning of a private residence, everything behind it, like the hallways, stairwells, and gardens, falls under safety legislation. 

Navigating these requirements can feel daunting, but understanding Health and Safety Risk Assessments is the most effective way to protect your residents from harm and your management team from costly fines.

Health and safety risk assessment (communal areas)

The law

A common misconception in residential property management is that health and safety laws only apply to offices or factories. This is not the case. 

Under the Management of Health and Safety at Work Regulations 1999, every block of flats must have a risk assessment carried out on the health and safety of any common areas. 

You might argue that communal hallways or gardens are not a place of work. However, the moment a cleaner, gardener, managing agent, or repair contractor enters these premises, the area becomes a workplace. Legally, the person responsible for the building must ensure that these individuals and the residents living there are not exposed to unnecessary risks.

 

Who holds responsibility?

The duty to ensure a risk assessment is completed doesn't always fall on the same person. Depending on the building's management structure, the Responsible Person could be:

  • The Freeholder (owner) – If they manage the building directly. 

  • The Residents’ Management Company (RMC) – Where leaseholders have taken control of the management. 

  • Right to Manage (RTM) Company – If residents have exercised their legal right to take over management. 

  • Managing agents – While the legal duty often rests with the Directors of the RMC, RTM  or the Freeholder, the agent is usually tasked with carrying out the assessment. 

 

Recording the assessment

If an accident occurs and a resident sues for negligence, “I did the assessment in my head” will not hold up in court. A written report serves as your primary evidence that you have fulfilled your duty of care and acted reasonably to prevent harm. 

 

What areas should be assessed?

A common mistake is focusing only on high-traffic areas, such as the main lobby. A comprehensive assessment must cover the hidden parts of the building where risks are often higher.

Indoor common areas

  • Entrance halls and corridors: Checking for trip hazards, loose carpeting, or inadequate lighting. 

  • Stairwells: Ensuring handrails are secure and non-slip surfaces are intact. 

  • Lift motor rooms and plant rooms: These are high-risk areas often containing heavy machinery or electrical hazards. 

  • Meter cupboards: Ensure they are clear of combustible materials (such as old newspapers or cleaning supplies).

 

Outdoor and utility areas

  • Gardens and grounds: Checking for uneven paving, overgrown vegetation blocking paths, or hazardous trees. 

  • Bin stores: Assessing fire risks and hygiene issues. 

  • Parking areas: Evaluating signage and lighting. 

 

What happens in a Health and Safety Risk Assessment?

To conduct an effective assessment, you should follow this approach:

Look for things that could reasonably be expected to cause harm, such as electricity, slips and trips, or fire. 

This could be residents, elderly individuals, children, or visiting contractors, to name a few. 

Determine how likely the hazard is to cause harm and how serious the consequences would be. 

Document what you found and what actions you took to mitigate the risk. 

Know when to bring in other third-party experts or take the signpost if advice is given. For outdoor areas, for example, ROSPA assessments and tree surveys by arboricultural experts for large estates could add credibility and value. 

New equipment or wear and tear creates new risks. 

Financial reality vs safety necessity

It is tempting to dismiss health and safety recommendations because they require additional expenditure. Whether it's replacing a faulty fire door or repairing a cracked walkway, the costs can add up.

However, the cost of compliance is almost always lower than the cost of failure. Failing to comply can lead to:

  • Criminal prosecution – Fines can be unlimited and, in severe cases, lead to imprisonment for directors of management companies.

  • Civil claims – Massive payouts for personal injury or negligence. 

  • Insurance invalidity – Many insurers will refuse to pay a claim if they discover that a valid risk assessment was not in place.

 

How often should the assessment occur?

A risk assessment is not a one-and-done document. It is a living record, so the risk assessment should be reviewed annually. 

An annual review ensures that you catch any gradual deterioration in the building’s fabric. If any significant changes occur, such as major building works, a change in the use of a room, or a serious incident, the assessment should be updated immediately.

 

Final thoughts

If you see something, say something, and then document it. Health and safety is about ensuring that everyone who steps onto your property returns home safely. Managing these moving parts manually can be overwhelming, but you don't have to do it alone. 

Fixflo helps property managers and RMCs stay on top of their safety obligations with ease. From tracking contractor certifications to maintaining a digital audit trail of completed works, Fixflo ensures that nothing falls through the cracks.

Is now the time for a demo? Find out how we can help! 

 

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