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Health & Safety in Commercial Property: Who’s Responsible for What?

You’re likely already aware, but if not, let’s lock it in - health and safety isn’t just good practice - it’s a legal duty for all business and property owners in the UK. So in commerical property, whether you’re a landlord, tenant, or managing agent, there are clear expectations about who is responsible for keeping buildings safe for everyone who uses them.

And while much of it seems straightforward (“the landlord handles the building, the tenant handles the people”), in practice it’s not quite that simple. Responsibilities are shared (and sometimes overlapping) across both parties, depending on the lease terms, the type of property, and how it’s used.

So, who’s responsible for what? Here’s what you need to know to stay compliant, avoid disputes, and protect your investment. 

What Does Health & Safety Cover in Commercial Property?

Health and safety in commercial property refers to all the systems, checks, and maintenance that’s needed to ensure that a building is safe for occupation and use. This can include:

• Structural safety - Making sure walls, floors, and roofs are sound and secure.
• Fire safety - Installing and maintaining alarms, extinguishers, and clear evacuation routes.
• Electrical and gas safety - Ensuring all systems are compliant and regularly inspected.
• Asbestos management - Identifying and safely managing any asbestos-containing materials.
• Water hygiene - Maintaining safe water systems and controlling the risk of water-borne diseases like Legionella.
• Accessibility and general safety - Including lighting, temperature, sanitation, and sufficient space.
  

Both landlords and tenants play a part in ensuring these standards are met - but the balance of responsibility depends on what’s written in the lease and what’s required by law. Let’s explore the different commercial landlord and tenant responsibilities:

The Landlord’s Health & Safety Responsibilities

In most commercial leases, the landlord retains responsibility for the overall safety and condition of the building. This is because they legally own the structure and are responsible for maintaining it as a safe environment (makes good sense, right?).

Commercial landlord responsibilities usually include:

• Maintaining the structure and exterior - Making sure the roof, walls, and foundations are in good repair.
• Common areas - Keeping shared spaces like corridors, lifts, entrances, and car parks safe and compliant.
• Fire safety for communal areas - Maintaining alarms, emergency lighting, and escape routes according to fire safety regulations.
• Electrical installations - Ensuring fixed wiring in common or landlord-controlled areas meets regulations.
• Asbestos management - If the lease doesn’t clearly pass this to the tenant, the landlord must ensure an asbestos register and management plan are in place.
• Gas safety - Arranging annual gas safety checks for any systems provided by the landlord, as well as maintaining gas equipment (again, if provided by the landlord).
  

Even if the lease passes some responsibilities to the tenant, landlords cannot completely opt out of their statutory obligations under the Health and Safety at Work etc Act 1974 and related regulations.

So basically, if something within the landlord’s control poses a health or safety risk, they must act.

The Tenant’s Health & Safety Responsibilities

While the list is rather long for landlords, tenants also carry significant responsibility - particularly when they occupy and use the space day-to-day.

When leasing business premises, typical tenant duties include:

• Maintaining the demised premises - Keeping the space they occupy in good condition, including fixtures and fittings.
• Employee safety - Under the Health and Safety at Work Act, tenants must provide a safe working environment for their staff and visitors.
• Carrying out risk assessments - Covering fire, electrical safety, and general workplace hazards.
• Managing equipment and machinery - Ensuring all workplace equipment is properly maintained and used safely.
• Reporting and cooperating - Alerting the landlord to structural or building-wide issues that may affect safety.
  

For example, a commercial tenant who installs and operates air conditioning units or commercial kitchen equipment must ensure they’re safe and compliant. However, if a ceiling leak damages the electrics, that’s likely to fall under the commercial landlord’s responsibilities.

Shared Responsibilities & Lease Clarity

Because both landlord and tenant play a part in maintaining business premises in England, health and safety duties need to be clearly set out in the lease agreement. If they’re not, this whole process becomes a lot more difficult and legally murky. So be sure to define:

• Which areas each party is responsible for (the “demised” vs. “common” parts)
• Who carries out risk assessments and maintenance checks
• Who manages fire safety equipment, the property’s electrical system, and alarms
• What access landlords or contractors have for inspections or repairs
  

Some duties, like fire safety and asbestos management, often overlap. For example, a commercial landlord may handle asbestos management across the building, but the tenant must ensure contractors working in their specific unit comply with that plan.

If responsibilities aren’t clearly defined, both parties may share liability, which is why regular communication and cooperation are very much essential.

How to Stay Compliant

Whether you’re a landlord or tenant, health and safety compliance is about proactive management - not just reacting when something goes wrong.

Here are some practical steps to stay on top of it:

1. Review your lease - Make sure you understand exactly what you’re responsible for. If in doubt, seek legal advice before assuming anything.
2. Carry out regular risk assessments - Fire, electrical, water hygiene, and general safety checks should all be routine.
3. Keep records - Document all inspections, maintenance work, and any risk assessments. This will protect both parties in the event of an incident.
4. Communicate and cooperate - Share findings with the other party when relevant. Joint safety meetings are often a good idea for larger sites.
5. Engage professionals - Accredited surveyors, fire assessors, or health & safety consultants can ensure compliance and identify issues early.
6. Budget for maintenance - Whether through service charges or tenancy costs, set aside funds for safety-related repairs or upgrades.
   

Taking a proactive approach not only keeps everyone safe but also helps avoid costly enforcement action or legal disputes. It’s the smartest move by far.

What Happens If You Don’t Comply?

Right, so, what happens if you don’t get this right? Landlords or tenants who neglect their duties may face:

• Fines or prosecution under the Health and Safety at Work Act 1974.
• Civil liability for injuries, damage, or business losses.
• Invalidated insurance policies, especially if non-compliance contributes to an incident.
• Enforcement notices or restrictions on property use.
• Reputational damage, which can impact lettings or resale value.
  

Simply put, compliance isn’t just a legal formality - it’s good business sense.

Commercial Property Health & Safety FAQs

Have a few more questions? These should cover anything else you’re still curious about:

Who’s responsible for maintaining fire safety equipment?

As mentioned before, there’s quite a lot of overlap. According to the Fire Safety Order, you’re responsible for fire safety in business or other non-domestic premises if you’re:

• an employer
• the owner
• the landlord
• an occupier
• anyone else with control of the premises

In other words, you have to work together to meet your responsibilities.

Who has gas and electricity responsibility? 

This is determined primarily by your lease agreement, as it can be the landlord’s or the tenant's responsibility, or both. That said, the commercial landlord is usually responsible for the existing electrical and gas installations, and the tenant will be responsible for anything added to the space. But always refer to the lease! Either way, the work should be carried out by a registered gas safety engineer, to ensure compliance.

Who is responsible for heating or lighting systems in commercial buildings?

So, since landlords are responsible for maintaining and repairing any fixtures and fittings they own, if they install them, they’re responsible. If the tenant added their own, it likely falls under their health and safety responsibilities (and should be carried out by a registered electrician).

Who’s responsible for regular safety inspections?

Regular safety inspections are usually a shared legal responsibility. Landlords handle checks on the building’s structure and shared areas, while tenants are responsible for inspections and maintenance in the space they occupy. But again, the exact split should always be made clear in the lease agreement.

What key health & safety rules should landlords and tenants be aware of in commercial property?
Beyond the basic duties, some of the legal obligations include fire safety (smoke alarms, escape routes, carbon monoxide detectors) and asbestos management (especially in older buildings).

Who is responsible for asbestos in a building, and what must be done?
If your building dates from before the mid-1980s, it may contain asbestos. The party with “the greatest degree of control” must assess it and manage it. Leases should clearly allocate responsibility, but even if unclear, the duty remains (so ensure it’s clear).

Confident in Your Legal Obligations?

Health and safety in commercial premises is, in the end, everyone’s responsibility, so understanding where your duties begin and end is essential to avoiding risk. In short, landlords must protect the structure and shared spaces, while tenants must safeguard their staff and operations, and both should communicate clearly to ensure nothing slips through the cracks.

At PropList, we help landlords, agents, and tenants find the right commercial spaces - and that includes understanding key responsibilities like health and safety.

Ready to explore your next commercial property? Browse available listings for sale and listings for rent now on PropList.