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Posted By Phil H
Can anyone confirm that a management company for a block of privately owned flats is bound by the HASAWA and associated legislation ie. CAWR etc and as such needs to do risk assessments for asbestos, legionella, fire etc for their clients even though it is a private dwelling
Phil
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Posted By Bob Youel
Yes they are
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Posted By Robert K Lewis
The two Bob answer is still YES :-)
Bob
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Posted By CFT
And 'bobbing' in with another yes.
Charley
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Posted By Arran Linton - Smith
Yes, yes, yes!!!
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Posted By David Bannister
I'll have some of what he's having!
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Posted By SteveD-M
Phil the answer is of course yes - however make sure you have first identified all the parties in the chain before shooting...
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Posted By steven bentham
Bob
Could it be no?
Company law is not my strong point, but can you be a company and not have employees?
i.e. could each flat owner get together, form a company, pay money into an account each year, organise contractors to cut the grass or whatever . . . then if the company has no employees [or an individual is not self employed] what section of HASWA do they come under??
. . . It's nearly Friday.
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Posted By J.Walford
All work is Governed by the HASAWA even if you are a one man company. Its only when you have 5 or more employees that you have to have written documentation.
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Posted By steven bentham
But what if you are not a one man company; you can be a named company and employ nobody.
If you employ nobody and are not self-employed what section of HASAWA applies?
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Posted By Phil Grace
What do we mean "do risk assessments for its clients".. even if it is residential accommodation? Did I quote that correctly?
A property management company will undoubtedly have responsibility for the common parts of the building. It must assess the risk of legionnaires disease if there is air con, for asbestos (under Reg 4 of CAR)and must make sure that stairs, walkways etc are free form slip/trip hazards etc etc etc.
But I'm not sure what it must do in respect of the habitation areas - I think nothing!
Oh and they must ensure selection of competent contractors e.g. builders/window cleaners and supervisor them etc etc.
Phil
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Posted By Dave Wilson
Only in the common areas, not inside the flats as they are private dwelling houses, however if the Management company is working inside a private dwelling house then they have H&S responsibilities, but the owners have none, they have a common law duty of care, which is different.
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Posted By Chris Packham
Presumably we are talking here about a limited company. As such it will have officers, i.e. at least one director and a company secretary. For some purposes, e.g. tax, you will find that these tend to be considered as employed, even if they draw no salary or receive any other remuneration.
Check with a solicitor on this one as it can be complex.
Chris
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Posted By peter gotch
Phil.
In general duty as regards common parts.
Westminster City Council v Select Management Ltd [1985] 1 WLR 576.
Regards, Peter
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Posted By steven bentham
If each appartment owner is a director of the management company, they are not necessarily employed as such - no employment, no work, then no safety legislation applies.
Legislation does of course apply to the contractor that comes to work for them.
If its a business set up to run management companies for properties then I agree they are under the safety legislation.
Some small sports clubs were at one time encouraged to become Ltd Companies to try limit liabilities [as such they employ nobody and are not subject to HASAWA]. Think about it, are you employed or self employed if you are a professional boxer or professional cage fighter, yes or no, are you subject to HASAWA?
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