Q&As

Does the landlord or tenant have a statutory obligation to provide a copy of the health and safety file for a property?

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Published on LexisPSL on 29/03/2018

The following Property Q&A provides comprehensive and up to date legal information covering:

  • Does the landlord or tenant have a statutory obligation to provide a copy of the health and safety file for a property?
  • Pre-2007
  • CDM Regs 2007
  • CDM Regulations 2015
  • Future works

Does the landlord or tenant have a statutory obligation to provide a copy of the health and safety file for a property?

The purpose of a health and safety file is to provide information relevant to the works being carried out at the time, but it must also contain information which is likely to be needed during any future construction work to ensure the health and safety of any person.

The first question will therefore be to determine whether or not a health and safety file should have been prepared in relation to any works carried out previously. This will depend on the time that any works to the property were carried out and the nature of such works:

Pre-2007

A health and safety file may have been required in certain circumstances, but the parties would need to consider the Construction (Design and Management) Regulations 1994 (CDM Regulations 1994), SI 1994/3140 which were in force in relation to any works carried out pre-2007.

CDM Regs 2007

If any works were carried out at the property when the Construction (Design and Management) Regulations 2007 (CDM Regs 2007), SI 2007/320 applied, a health and safety file only needed to be prepared if the works were ‘notifiable’. See Practice Note: CDM Regulations 2007—the Health and Safety File [Archived] for more on the requirements for a health and safety file where CDM Regs 2007 applied.

CDM Regulations 2015

Where works have

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