Managing vacant premises

There are several reasons why a premises is empty, for example it may be due for refurbishment or resale, or simply because the premises is due to be re-let.

Whatever the reason for having an unoccupied premises, the responsible person retains health and safety responsibilities to ensure the premises is safe and risks are controlled.

Proactive management of unoccupied premises can also identify other issues such as vandalism and premises deterioration, which can all result in increased repair and maintenance costs.

Who has responsibilities for managing unoccupied premises?

It depends on who owns the premises and the terms of a lease, for example if a full repairing and insuring lease is still in effect for a commercial property, the tenant retains responsibilities which are likely to include maintenance, upkeep and insurance, even if they have moved out. Under these types of leases, the tenant is also usually responsible for ensuring the premises is returned to the landlord in good condition so it can be re-let.

If there is no lease in effect, responsibilities will transfer back to the landlord who will then be responsible for the premises and ensuring it is maintained, secure and insured, and there are no risks to the public. Landlords may appoint managing agents to implement the management duties on the landlord’s behalf.

Whoever is responsible must ensure the premises is managed and does not present a risk to people, including employees and non-employees such as maintenance contractors, security staff carrying out patrols, letting agents, the emergency services, surveyors, and unlawful occupants.

What are the hazards associated with unoccupied premises?

Hazards associated with unoccupied premises include:

Unlawful occupants

These include vandals, arsonists, squatters, and people holding illegal parties and raves. These types of occupants can cause a lot of property damage, leading to significant remedial costs.

Urban exploring (or Urbex) is a relatively new hobby and typically involves the explorers accessing empty, derelict buildings to take photographs or videos to document their findings with the results often posted on social media.

If a premises has inherent risks which the responsible person is aware of, that are unmanaged, not obvious to the ordinary person and are not communicated, like fragile surfaces, and unlawful occupants suffer a personal injury, the responsible person may be breaching their duties to trespassers under the Occupiers Liability Act 1984. Children will also be considered unlawful occupants and are quite often on the lookout for adventure, at the same time as being far less risk aware than adults.

Premises condition

Poor premises condition can create hazards for anyone inside, especially if ceilings, walls and flooring is poor. Declining premises condition can create risks for both lawful and unlawful occupants and responsible people can face increased financial burdens associated with repair.

Hazardous substances or biological agents

Asbestos presents a significant risk to anyone if it is not managed. The likelihood of asbestos being disturbed is higher when people don’t know about it, such as unlawful occupants and maintenance contractors who aren’t properly managed and made aware of its location.

Biological agents include vermin infestation, faeces, or discarded drug paraphernalia. Pests can also create a significant amount of damage which can cost money to put right.

Water systems that are not isolated and infrequently used present a legionella risk.

Weather damage

High winds can damage properties and allow water ingress which over time, can create structural problems. In cold weather, frozen water pipes can burst and cause leaks.

Fire and arson

Fire, however it starts, is probably the most significant risk for vacant premises as it can lead to complete devastation.

Unmaintained electrical installations and portable appliances present a fire risk. The decision whether to isolate electrical supplies will depend on ongoing requirements and management, for example the responsible person may keep the fire alarm and CCTV operational and it might be necessary to keep lighting functional where lawful visitors are expected, such as people carrying out inspections and security checks.

The risk of arson is increased if unlawful occupants can easily access the premises, combustible items are not removed, such as furniture, post and fly tipped waste, flammable substances are not disposed of and if the gas supply is not capped.

What else can I consider?

Responsible people should notify their insurers of vacant premises to find out if there are any requirements that need to be implemented to ensure cover continues to apply.

When exiting a premises, the responsible person should consider:

• Removing all unnecessary plant, substances, equipment and furniture.

• Securing all access points and gates.

• Isolating non-essential services such as gas and water.

• Arranging mail redirection and sealing letterboxes.

• Keeping external areas clear and tidy and maintaining vegetation. A premises that looks managed is less attractive to trespassers.

• Keeping blinds closed or covering windows so people cannot see inside.

• Arranging periodic site inspections.

• Identifying what hazard and ‘keep out’ signage is needed and displaying it.

What do I do now?

Although a premises may be unoccupied, that doesn’t mean that health and safety and fire safety legislation ceases to apply. The following legislation remains applicable for responsible people:

• The Health and Safety at Work etc. Act 1974

• The Management of Health and Safety at Work Regulations 1999

• The Regulatory Reform (Fire Safety) Order 2005

• The Occupiers Liability Act 1957

• The Occupiers Liability Act 1984

You should ensure an up-to-date risk assessment is carried out to identify health and safety and fire safety hazards and vulnerabilities, decide if the existing precautions are adequate and what more needs to be done to eliminate or control risk.

Conclusion

Although empty, vacant premises can still present risks to lawful and unlawful occupants, and health and safety, and fire safety responsibilities continue to apply. Taking reasonable steps to identify and control hazards, secure the premises and warn of dangers should be enough for responsible people to continue to comply with the law.

---

If you have any queries relating to health and safety management get in touch with one of our specialist consultants. You can contact us by clicking on the 'Get in touch' button.