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#1 Posted : 31 January 2007 14:51:00(UTC)
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Posted By Malcolm Hogarth What would be the key health and safety responsibilities of the property manager/managing agent of a residential block (for example a block of flats)? I would say it would include such things as fire prevention and control, asbestos and general hazards in common areas and would also include lift maintenance and control of contractors. However, where does the responsibility under health and safety at work become separate from duties under civil law duty of care? All responses welcome, Many thanks.
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#2 Posted : 31 January 2007 15:57:00(UTC)
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Posted By Berg Malc, there's no single Duty Holder due to the various activities and functions involved in managing a property. The primary duty holder is the property owner, to ensure compliance with any relevant Statutes re: health, safety, construction standards, environmental etc and with regards to any harm arising from their negligence. The property owner must ensure the agent/manager acting on their behalf is suitable/competent to carry out the required role to required standards. Employers / Individuals carrying out work on or affecting the property and residents have duties under Health and Safety At Work Act 1974 and related Regs and Environmental legislation. Residents, visitors, anyone else may be deemed liable for their acts or omissions.
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#3 Posted : 31 January 2007 16:08:00(UTC)
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Posted By Malcolm Hogarth Thanks Berg, most informative. Is there a reference document that I can get that covers this? Malcolm
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#4 Posted : 01 February 2007 08:41:00(UTC)
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Posted By Berg Malc For Health and Safety related issues and guidance there's lots of free advice and info on duties etc on the HSE Website and various links. The general area of residential properties is not really my thing but I would suggest the Local Authority may be a useful starting point for guidance.
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#5 Posted : 03 February 2007 10:24:00(UTC)
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Posted By Safetynut The building owner who has control over the common areas such stairs, landings, car park area, landscaping hold a duty of care to ensure the fabric of a building meets satisfactory requirements and subject to regular inspections, i.e lighting,asbestos,fire exits,fire detection, passenger lift,condition of stairways, DDA etc. This service is normally contracted out to a manageing agent. The following link will give and idea on what services etc one can expect from a managing agent to provide. http://www.lease-advice.org
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