Who is responsible for lift inspections in a block of flats?
Whoever controls the block’s common parts is responsible, which is usually the freeholder, a residents’ management company (RMC) or a right to manage (RTM) company. A managing agent often arranges the work for them, but doesn’t take the responsibility away. The lift needs regular maintenance and a thorough examination at least every 6 months by an independent competent person.
I examine a lot of lifts in blocks of flats, and the question I get asked most by RMC directors is “is this actually our job?” Usually the answer is yes. And because the directors are often volunteers who live in the building, they’re the ones least likely to have been told.
Who does what?
Who | What they’re responsible for | For the lift, that means |
Freeholder | Owns the building. Usually responsible for the common parts under the lease, unless an RMC or RTM company has that role | Making sure the lift is maintained and examined, directly or through an agent |
RMC (residents’ management company) | Named in the lease to manage the building, usually run by leaseholder directors | The same duties as the freeholder for the common parts, including the lift |
RTM (right to manage) company | Has taken over management from the landlord under right to manage | The same duties, from the date it took over |
Acts for whichever of the above holds the duty | Arranging contracts, keeping records, chasing defects. The client keeps the responsibility | |
Lift maintenance contractor | Keeping the lift working under its contract | Routine maintenance, breakdowns, repairs, and any supplementary tests the examiner asks for |
Independent examiner | The thorough examination | A written report at least every 6 months, saying whether the lift is safe and what needs fixing |
Buildings insurer | Insuring the building | Sometimes makes lift inspections a condition of the policy. Check the schedule |
Responsible person (fire safety) | Fire safety in the common parts | In blocks of 18m or 7 storeys or more, monthly checks of firefighting and evacuation lifts |
Leaseholders | Paying for it through the service charge | Asking to see what’s been done and what it cost |
Does LOLER apply to a lift in a block of flats?
Yes, wherever the lift is used by people at work. In most blocks that includes cleaners, concierge staff, managing agents and contractors. A lift that carries people needs a LOLER thorough examination at least every 6 months.
Even where nobody uses it at work, the law still expects it to be safe. In 1985 the Court of Appeal decided that the common parts of a block of flats, lifts included, count as non-domestic premises under section 4 of the Health and Safety at Work Act. So whoever controls them has a duty to keep them safe. HSE’s view is that a regime like LOLER’s is the sensible way to do that.
What does the law expect, in practice?
Maintenance by a competent lift contractor, under a written contract.
A thorough examination at least every 6 months by an independent competent person, with a written report.
Defects fixed within the time the report gives. A dangerous defect means the lift stays out of use until it’s put right.
Records kept of reports, repairs and breakdowns.
In blocks of 18m or 7 storeys or more: monthly checks of any firefighting or evacuation lift, and faults that can’t be fixed within 24 hours reported to the fire and rescue service. More in firefighting and evacuation lifts: monthly checks, faults and LOLER.
Blocks of 18m or 7 storeys or more with at least two homes are also higher-risk buildings under the Building Safety Act 2022. They have an accountable person registered with the Building Safety Regulator. Their duties centre on fire and structural safety, which is where firefighting and evacuation lifts come in.
The Section 20 rule for long lift contracts
This one catches RMCs out. If the landlord or management company signs a contract for more than 12 months, and any single leaseholder will pay more than £100 a year towards it, it’s a qualifying long-term agreement. That means formal Section 20 consultation with leaseholders first. LEASE lists lift servicing as a typical example.
Skip the consultation and you may struggle to recover the full cost through the service charge. If you’re signing a multi-year lift maintenance or examination contract, check it with your managing agent or LEASE first.
What can leaseholders ask for?
If you’re a leaseholder, you can reasonably ask the managing agent or RMC:
when the lift was last thoroughly examined, and to see the report
whether any defects were found, and whether they’ve been fixed
who maintains the lift, and who examines it
for blocks of 18m or more, whether the monthly firefighting lift checks are being done
A well-run block will have all of this to hand.
Why the examiner should be independent
HSE says the person who examines the lift shouldn’t be the same person who maintains it. If the lift company that services your lift also does the “inspection”, ask whether it’s a separate, impartial engineer, and whether you’re getting a proper report of thorough examination. More in is a LOLER inspection the same as a service?
Lift examinations for blocks of flats
We examine passenger, firefighting and evacuation lifts for managing agents, RMCs, RTM companies and freeholders across Nottingham, Derby, Leicester, Loughborough and Lincoln, and out to Newark, Mansfield and Grantham. We also travel anywhere in the UK.
Every examination is carried out and signed by me, Ryan Leavesley MSOE MBES, an engineer surveyor with over 14 years’ experience. We don’t maintain or repair lifts, so we’re never checking our own work. Reports are written on site before I leave, with photos for your lift contractor, and we contact you before each examination falls due. Once we’ve agreed a price, it stays fixed for all your ongoing examinations.
More on our managing agents and residential blocks page. Running social housing? Read LOLER inspections for housing associations. Or tell us about your building and we’ll come back with a fixed quote.
FAQs
Who is responsible for the lift in a block of flats?
Whoever controls the common parts, usually the freeholder, a residents’ management company (RMC) or a right to manage (RTM) company. A managing agent may arrange the maintenance and examinations, but the responsibility stays with the company or landlord they act for.
How often does a lift in a block of flats need inspecting?
A passenger lift used by people at work, such as cleaners or contractors, needs a LOLER thorough examination at least every 6 months. It also needs regular maintenance by a competent lift contractor.
Does LOLER apply to residential lifts?
LOLER applies wherever the lift is used by people at work, which in most blocks includes cleaners, concierge staff and contractors. Where it doesn’t strictly apply, the duty to keep common parts safe still does, and HSE expects a similar regime.
Can the managing agent be held responsible for the lift?
The managing agent acts for the freeholder, RMC or RTM company, which keeps the legal responsibility. But an agent who controls the common parts day to day can have duties too, so both should make sure the lift is maintained and examined.
Does a long lift contract need Section 20 consultation?
If the contract runs for more than 12 months and any leaseholder will pay more than £100 a year towards it, it’s a qualifying long-term agreement and needs Section 20 consultation first. LEASE lists lift servicing as a typical example.
Do leaseholders have a right to see lift inspection reports?
Leaseholders can ask the managing agent or RMC for the latest thorough examination report, details of any defects and what’s been done about them. A well-managed block should be able to provide them.
Who checks firefighting lifts in a block of flats?
In blocks of 18m or 7 storeys or more, the responsible person for fire safety must check firefighting and evacuation lifts every month, and report faults lasting more than 24 hours to the fire and rescue service.
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