Building owners and occupiers are being warned that the combination of severe winter weather and the pressure to cut maintenance costs could leave them battered by a financial and legal storm.
Citing several recent cases, Prop-Search director Chris Billson says owners need to be fully aware of the dangers that the combination of bad weather and neglected maintenance can bring — “not only to a property’s fabric but more ominously, injury to members of the public.”
In 2013 a 27-year-old lawyer was killed when he was struck by a sign ripped from the front of a William Hill betting shop in Camden, London. That same year a man was hospitalised after being hit by masonry falling from a Co-op store in Derby. And earlier this year two people were injured when 60 mph winds brought down a seven-foot hoarding above a Penarth shop.
“With the prolonged recession, there has been the temptation for property owners and tenants to cut back on maintenance costs by not carrying our routine repairs and commissioning full surveys as regularly as they could be,” said the commercial agent.
“Although, in the short-term, avoiding the upkeep of a building can reduce costs, the long-term impacts of poor weather conditions can become increasingly expensive.”
Billson warns that the risk of causing injury or damage is significantly higher for town centre offices and retail premises where there is a higher volume of pedestrian and vehicular traffic.
“If injury or damage occurs to a member of the public as a result of failing debris from the façade of a building, the Health and Safety Executive (HSE) will investigate,” he said. “If a building owner or occupier is subsequently found to be in material breach of health and safety law, not only will they face prosecution and a fine, they will also have to pay HSE its investigation costs which currently stands at £124-per-hour.”
With the ever increasing number of storms there has been an increase in falling debris and, although insurance policies are there to guard against liability claims, this typically only applies where a property is deemed to have been kept in a satisfactory condition.
“If an insurance company can find a valid reason, such as negligence on the occupier’s behalf, then there is significant risk of invalid cover,” he added. “Worse still, occupiers could face legal action and potentially corporate manslaughter charges.”
Long-term planning is key to avoiding risks, whilst extra vigilance should be taken during and after the winter months. Every building should also undergo regular inspections to highlight potential problems with aging materials and loose or damaged facia and signs.
“A rigid maintenance strategy should be considered a priority,” stressed Billson. “Planned maintenance is always going to be more cost efficient than reactive repairs and will always minimise the risk of added liability costs.”
