Property Compliance Guide for Blocks of Flats
A comprehensive guide to property compliance for blocks of flats, covering fire safety compliance, electrical safety, gas safety regulations, asbestos management, legionella risk assessments, lift safety, and health and safety obligations. Understand the legal requirements, inspection frequencies, regulatory bodies, and the penalties for non-compliance in block management.
What Is Property Compliance for Blocks of Flats?
Property compliance refers to the full range of legal and regulatory obligations that must be met when managing a residential block of flats. These obligations exist to protect the health, safety, and welfare of residents, visitors, and anyone working in or around the building. Compliance covers everything from fire safety and structural integrity to electrical safety, gas safety, asbestos management, and data protection.
The regulatory landscape for block management compliance has become significantly more demanding in recent years, particularly following the introduction of the Fire Safety Act 2021 and the Building Safety Act 2022. Managing agents, freeholders, and resident management companies must ensure that all statutory inspections are carried out on time, that records are maintained, and that any deficiencies identified during inspections are promptly addressed through appropriate remedial works.
This guide provides a comprehensive overview of the key compliance requirements for blocks of flats, the legislation that underpins them, the frequency of inspections, and the consequences of failing to meet your obligations. For detailed guidance on individual compliance areas, see our dedicated guides on fire safety, electrical safety, and gas safety.
Fire Safety Compliance
Fire safety is the single most critical area of property compliance for blocks of flats. The regulatory framework has been substantially strengthened following the Grenfell Tower tragedy, and the obligations on building owners and managing agents are now more extensive than ever before.
Fire Safety Act 2021
The Fire Safety Act 2021 clarified that the Regulatory Reform (Fire Safety) Order 2005 applies to the structure, external walls (including cladding and balconies), and individual flat entrance doors in multi-occupied residential buildings. This means the responsible person must include these elements in their fire risk assessment and take steps to reduce or eliminate any risks identified. The Act removed any ambiguity about the scope of fire safety duties in blocks of flats.
Building Safety Act 2022
The Building Safety Act 2022 introduced a new regulatory regime for higher-risk buildings, defined as residential buildings at least 18 metres in height or with at least seven storeys. These buildings must be registered with the Building Safety Regulator, and the accountable person must apply for a building assessment certificate. The Act also created new duties around resident engagement, safety case reporting, and the management of building safety risks. Even for buildings that fall below the higher-risk threshold, the Act signals a wider expectation of improved fire safety compliance across all residential blocks.
Fire Risk Assessments
A fire risk assessment must be carried out by a competent person and reviewed regularly. The assessment identifies fire hazards, evaluates the risk to residents, and recommends measures to reduce or eliminate those risks. The responsible person must act on the findings and maintain a record of the assessment and any actions taken. For a detailed breakdown, see our fire safety guide.
Electrical Safety and Gas Safety
Electrical safety and gas safety are fundamental compliance obligations for any block of flats. Both areas are governed by specific regulations that impose clear duties on the responsible person to ensure that installations and appliances are safe, regularly inspected, and properly maintained.
Electrical Safety (EICR Testing)
The Electricity at Work Regulations 1989 require that all electrical systems are maintained in a safe condition. For communal areas in blocks of flats, this means commissioning regular Electrical Installation Condition Reports (EICRs) to verify that the wiring, distribution boards, and electrical fittings are safe and compliant. EICRs are typically carried out every five years, though more frequent testing may be necessary in older buildings. Any faults identified during an EICR must be rectified by a qualified electrician, with Code 1 defects requiring immediate attention. For full details, see our electrical safety guide.
Gas Safety (Gas Safety Regulations 1998)
The Gas Safety (Installation and Use) Regulations 1998 require that all gas appliances, fittings, and flues in communal areas are maintained in a safe condition and checked annually by a Gas Safe registered engineer. This applies to communal boilers, gas meters in shared plant rooms, and any other gas installations serving the common parts of the building. A gas safety certificate must be obtained each year and retained for at least two years. Failure to carry out annual gas safety checks is a criminal offence. For further guidance, see our gas safety guide.
Asbestos Management and Legionella Risk Assessment
Asbestos and legionella present serious health risks in residential buildings, particularly in older blocks of flats where asbestos-containing materials may be present in communal areas and water systems may be susceptible to bacterial contamination. Both areas are subject to specific regulatory requirements.
Asbestos Management (Control of Asbestos Regulations 2012)
The Control of Asbestos Regulations 2012 impose a duty to manage asbestos in non-domestic premises, which includes the communal areas of blocks of flats such as corridors, stairwells, plant rooms, and risers. The duty holder must arrange for an asbestos management survey to identify any asbestos-containing materials, assess their condition, and prepare a written asbestos management plan. The plan must be reviewed regularly, and anyone carrying out maintenance or refurbishment work in the building must be informed of the location and condition of any asbestos. Disturbing asbestos without proper controls is a criminal offence. For comprehensive guidance, see our asbestos management guide.
Legionella Risk Assessment (HSE L8 Guidance)
The Health and Safety at Work etc. Act 1974 and the HSE Approved Code of Practice L8 require that the responsible person carries out a legionella risk assessment of the water systems in communal areas. Legionella bacteria can proliferate in stagnant or poorly maintained water systems, including cold water storage tanks, communal hot water systems, and any water features or cooling systems associated with the building. The risk assessment must identify potential sources of contamination, evaluate the risk, and recommend control measures such as temperature monitoring, flushing regimes, and water treatment. The assessment should be reviewed every two years or whenever the water system is modified. For detailed guidance, see our legionella guide.
Lift Safety and Health and Safety Obligations
Buildings with passenger lifts and communal facilities have additional compliance obligations relating to lift safety and general health and safety at work duties. These requirements are enforced by the Health and Safety Executive and local authorities.
Lift Safety (LOLER and PUWER)
The Lifting Operations and Lifting Equipment Regulations 1998 (LOLER) and the Provision and Use of Work Equipment Regulations 1998 (PUWER) require that passenger lifts in blocks of flats are thoroughly examined at least every six months by a competent person, typically an insurance company engineer. The examination must assess the safety and condition of the lift, and a written report must be provided. Any defects identified must be remedied before the lift is returned to service. In addition, the lift must be maintained under a service contract with a specialist lift maintenance company, with routine servicing carried out at regular intervals. Failure to comply with LOLER can result in enforcement action by the Health and Safety Executive.
Health and Safety at Work
The Health and Safety at Work etc. Act 1974 imposes a general duty on employers and those in control of premises to ensure, so far as is reasonably practicable, the health, safety, and welfare of employees and others who may be affected by their activities. For blocks of flats, this includes ensuring that communal areas are safe, that hazards are identified and managed, and that contractors working on the building are competent and properly supervised. Where the management company or RTM company employs staff such as concierges, cleaners, or maintenance operatives, full employer health and safety duties apply. For a detailed overview, see our health and safety guide.
Insurance Compliance and Data Protection
Beyond the physical safety of the building, property compliance also encompasses insurance obligations and data protection duties. Both are legal requirements that carry significant consequences if not met.
Buildings Insurance
Most leases require the freeholder or management company to maintain buildings insurance covering the full reinstatement cost of the building, including communal areas. The policy must provide adequate cover for risks including fire, flood, storm, subsidence, and third-party liability. The insurance must be kept current at all times, and leaseholders are entitled to request a summary of the insurance cover and a copy of the policy. Where the management company or freeholder employs staff, employer's liability insurance is a legal requirement under the Employers' Liability (Compulsory Insurance) Act 1969, with a minimum cover of five million pounds.
Data Protection (GDPR)
Managing agents and management companies that hold personal data about residents, leaseholders, and contractors must comply with the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018. This includes maintaining a lawful basis for processing personal data, issuing privacy notices, ensuring data is stored securely, responding to subject access requests within the statutory timeframe, and reporting data breaches to the Information Commissioner's Office where required. Resident data such as names, addresses, contact details, and payment information must be handled in accordance with data protection principles, and managing agents must ensure that any third-party processors they use also comply with GDPR obligations.
How Block Manages Compliance
At Block, we take property compliance extremely seriously. Our dedicated compliance team ensures that every building we manage meets all statutory and regulatory requirements, with a proactive approach to inspections, record-keeping, and remedial works.
- Comprehensive compliance audits for every building we take on, identifying gaps and creating an action plan
- Maintenance of a centralised compliance calendar tracking all inspection dates, certification expiry, and renewal deadlines
- Commissioning of fire risk assessments, EICRs, gas safety checks, asbestos surveys, and legionella risk assessments through approved and competent contractors
- Prompt follow-up on any remedial actions identified during inspections, with progress tracked to completion
- Regular reporting to directors and freeholders on compliance status, upcoming inspections, and associated costs
- Secure handling of resident data in full compliance with GDPR, including privacy notices and data protection policies
- Ensuring buildings insurance is adequate, current, and renewed on time each year
- Guidance to RTM and RMC directors on their personal compliance responsibilities and duties
Our approach is built on the principle that compliance is not a one-off exercise but an ongoing obligation that requires constant attention. We work closely with our clients to ensure that their buildings are safe, legally compliant, and well-managed. For more on our approach to building safety, see our guides on fire safety and health and safety.
Regulatory Bodies and Enforcement
Property compliance in blocks of flats is overseen by several regulatory bodies, each with enforcement powers relevant to their area of responsibility. Understanding which body regulates which obligation is important for managing agents and directors.
Key Regulatory Bodies
The principal regulatory and enforcement bodies for block management compliance include:
- Fire and Rescue Services - enforce the Fire Safety Order and the Fire Safety Act 2021, with powers to issue enforcement notices, prohibition notices, and prosecute for fire safety offences
- Building Safety Regulator - established under the Building Safety Act 2022 to oversee the safety of higher-risk buildings and hold accountable persons to account
- Health and Safety Executive (HSE) - enforces workplace health and safety legislation, including asbestos regulations, LOLER, and PUWER, with powers to issue improvement and prohibition notices and prosecute
- Information Commissioner's Office (ICO) - regulates data protection compliance under UK GDPR and the Data Protection Act 2018, with powers to issue fines and enforcement notices
- Gas Safe Register - the official registration body for gas engineers, responsible for maintaining standards and investigating unregistered gas work
Enforcement action can range from informal advice and improvement notices to formal prosecution, unlimited fines, and imprisonment for the most serious breaches. The trend in recent years has been towards stricter enforcement, particularly in relation to fire safety and building safety, and managing agents must ensure that their compliance processes are robust enough to withstand regulatory scrutiny.
Frequently Asked Questions About Property Compliance
What compliance checks are required for blocks of flats?
Blocks of flats are subject to a wide range of mandatory compliance checks designed to protect the health and safety of residents and visitors. These include fire risk assessments under the Regulatory Reform (Fire Safety) Order 2005 and the Fire Safety Act 2021, Electrical Installation Condition Reports (EICRs) to verify the safety of communal electrical systems, annual gas safety inspections for any communal gas appliances or boilers under the Gas Safety (Installation and Use) Regulations 1998, asbestos surveys and management plans under the Control of Asbestos Regulations 2012, legionella risk assessments in line with HSE Approved Code of Practice L8, and lift inspections under the Lifting Operations and Lifting Equipment Regulations 1998 (LOLER). Buildings insurance must be maintained, and where staff are employed, employer's liability insurance is a legal requirement. Data protection obligations under GDPR also apply to the handling of resident personal data. The specific checks required will depend on the age, size, and facilities of the building.
Who is responsible for compliance in a block of flats?
The responsibility for property compliance in a block of flats typically falls on the freeholder, the Right to Manage (RTM) company, or the residents' management company (RMC), depending on the ownership and management structure of the building. In practice, the day-to-day responsibility for ensuring compliance is usually delegated to the appointed managing agent, who is expected to commission inspections, maintain records, and ensure that remedial works are carried out within the required timeframes. However, delegation to a managing agent does not transfer legal liability; the duty holder remains the freeholder or the company with management responsibility. Directors of RTM companies and RMCs should be aware that they carry personal responsibilities under health and safety legislation and can face enforcement action if obligations are not met. It is essential that the management agreement clearly defines the scope of the managing agent's compliance duties.
How often should compliance inspections be carried out?
The frequency of compliance inspections varies depending on the type of assessment and the risk profile of the building. Fire risk assessments should be reviewed annually and updated whenever there is a significant change to the building or its use, with full reassessments typically carried out every one to three years depending on risk level. Electrical Installation Condition Reports (EICRs) for communal areas are generally recommended every five years, though more frequent testing may be required in older buildings or where previous inspections have identified concerns. Gas safety checks for communal boilers and appliances must be carried out annually. Asbestos management surveys should be reviewed at least annually and re-inspected whenever maintenance or refurbishment work is planned that may disturb asbestos-containing materials. Legionella risk assessments should be reviewed every two years or sooner if the water system changes. Lift inspections under LOLER are required at least every six months for passenger lifts. Managing agents should maintain a compliance calendar to ensure no inspection deadlines are missed.
What happens if a block of flats fails a compliance inspection?
If a block of flats fails a compliance inspection, the managing agent or responsible person must take prompt action to address the deficiencies identified in the report. For fire risk assessments, this may mean installing or upgrading fire detection systems, improving means of escape, replacing fire doors, or addressing cladding and insulation concerns. For electrical inspections, failed EICRs will categorise faults by severity, with Code 1 (danger present) defects requiring immediate attention and Code 2 (potentially dangerous) defects requiring urgent remedial work. Gas safety failures may result in appliances being condemned and disconnected until repairs are made. Asbestos management failures can lead to enforcement notices from the Health and Safety Executive. In all cases, the responsible person must commission the necessary remedial works, keep residents informed, and retain records to demonstrate that the issues have been resolved. Failure to act on inspection findings can result in enforcement action, prosecution, and significant fines.
Can compliance costs be included in the service charge?
Yes, in most cases the costs of compliance inspections, risk assessments, and remedial works can be recovered from leaseholders through the service charge, provided the lease allows for it and the costs are reasonably incurred. The lease will typically contain provisions allowing the landlord or management company to recover the costs of insuring, maintaining, and repairing the building and its common parts, and compliance expenditure falls within this scope. Under Section 19 of the Landlord and Tenant Act 1985, service charge costs must be reasonably incurred and services must be provided to a reasonable standard. Leaseholders have the right to challenge compliance-related service charge items at the First-tier Tribunal (Property Chamber) if they believe the costs are excessive or unnecessary. For major compliance works exceeding the consultation threshold, the Section 20 consultation process must be followed before costs can be recovered. Managing agents should ensure that compliance costs are transparently budgeted and clearly itemised in the service charge accounts.
What are the penalties for non-compliance in block management?
The penalties for non-compliance in block management can be severe and far-reaching. Under the Fire Safety Act 2021 and the Building Safety Act 2022, the responsible person can face unlimited fines and, in the most serious cases, imprisonment for up to two years for fire safety offences. The Health and Safety Executive can issue improvement notices, prohibition notices, and prosecutions under the Health and Safety at Work etc. Act 1974, with unlimited fines for breaches that put people at risk. Under the Gas Safety (Installation and Use) Regulations 1998, failure to carry out annual gas safety checks on communal appliances can result in fines and imprisonment. Breaches of the Control of Asbestos Regulations 2012 carry penalties of unlimited fines and up to two years' imprisonment. Data protection failures under GDPR can result in fines of up to 17.5 million pounds or four per cent of annual turnover. Beyond financial penalties, non-compliance exposes the responsible person to civil claims for damages if residents suffer injury or loss as a result of regulatory failures.
Need Help With Property Compliance?
Whether you are a director seeking to understand your compliance obligations, a freeholder looking for a managing agent with proven compliance expertise, or a leaseholder with concerns about fire safety, electrical safety, or asbestos management in your building, Block is here to help. Our experienced team manages property compliance across hundreds of blocks of flats nationwide.