Compliance essentials: property health and safety considerations for public sector buildings

Understanding your legal obligations

There’s no shortage of legislation in the UK that establishes the legal responsibility of public sector estates to ensure the safety of their staff and the public. As a starting point, there’s the:

• Health and Safety at Work Act 1974

• Management of Health and Safety at Work Regulations 1999

• Workplace (Health, Safety and Welfare) Regulations 1992

Then there’s also more specific guidance, such as the:

• Regulatory Reform (Fire Safety) Order 2005

• Electricity at Work Regulations 1989

• Control of Asbestos Regulations 2012

And that’s really just the start of it. There’s certainly plenty of detail, but broadly speaking and from a practical point of view, to stay on the right side of these regulations, you must:

• Assign clear responsibility for health and safety at a senior level

• Appoint competent persons to manage compliance activities

• Keep up to date with changes in legislation and guidance

• Ensure contractors meet the same standards as your internal teams

Who is legally responsible for health and safety in public sector buildings?

Responsibility for health and safety in public sector estates does not rest with a single individual. Tasks and duties can be delegated, but legal accountability always remains with the organisation that owns or operates the building. 

In practice, effective compliance depends on clear accountability, well-defined roles, and strong oversight, which together create a structured hierarchy of responsibility:

The duty holder

At the top level, the organisation that owns or operates the building is responsible for health and safety. That may be an NHS Trust, a government department or a local authority. They must put appropriate policies, risk assessments and control measures in place and maintain the building in line with their statutory requirements.

Senior leadership and accountable persons

Senior leaders, such as chief executives, directors and estate leads, must ensure that adequate systems, resources and governance are in place to identify, manage and monitor safety risks across the estate. 

Competent persons

These are the people who are responsible for managing specific areas of risk and have the skills and experience to carry out their roles effectively. For example, you may have:

• Facilities or estates managers to coordinate maintenance and compliance activities

• A responsible person to oversee fire risk assessments and fire precautions

• Specialist leads for asbestos management, water hygiene and gas and electrical safety

Employees and building users

Employees, service users and contractors also have some responsibility for their own safety within the building. They must take reasonable care, follow safety procedures, report hazards and incidents, and comply with safety measures.

By maintaining this hierarchy and assigning responsibilities to competent individuals, public sector organisations can manage risks effectively and ensure that staff and the public are protected.

Key health and safety compliance obligations for public sector estates

1. Carry out and maintain risk assessments

Risk assessments are the backbone of your compliance strategy, as they identify hazards and guide every decision you make to keep people safe. 

You need to identify the hazards and maintain a clear, documented assessment of those risks for every public building. That should include things like fire hazards, structural risks, slips, trips, and falls, and working at height. 

You must:

• Conduct suitable and sufficient risk assessments for each site

• Review assessments regularly or when circumstances change

• Record findings and implement clear control measures

• Communicate risks and controls to staff and contractors
  
  

2. Ensure a safe environment

You must keep buildings in a safe condition to ensure structural integrity, reliable electrical and mechanical systems, and adequate ventilation. Reactive maintenance alone will not meet your obligations. You can do this by:

• Implementing a planned preventative maintenance (PPM) schedule

• Inspecting roofs, walls, windows and structural elements regularly

• Proactively servicing heating, ventilation and air conditioning systems

• Addressing wear and tear before it becomes a safety issue

A well-cared-for building reduces risk, extends asset life, lowers repair costs and supports health and safety compliance. 

3. Manage fire safety

The proactive management of fire safety is another essential compliance requirement for public sector buildings, particularly those serving vulnerable users or with high occupancy levels. 

To comply with the legislation, you must:

• Complete and regularly review fire risk assessments

• Install, regularly test and maintain fire alarms, detection systems and firefighting equipment

• Keep escape routes unobstructed, accessible and clearly marked

• Test emergency lighting routinely

• Train staff to respond appropriately and carry out regular fire drills

You should also nominate fire wardens and put evacuation plans in place for different users, including people with reduced mobility. 

4. Control asbestos risks

If a public sector estate was built before 2000, you must take steps to actively identify and manage asbestos risks rather than assuming materials are safe.

That includes surveying the building for asbestos, maintaining an up-to-date register and clearly labelling and managing any asbestos-containing materials. You should also implement a management plan and arrange for the safe removal of any asbestos through licensed professionals. 

5. Keep gas and electrical systems safe

Faulty gas and electrical installations or equipment can pose a significant risk and lead to fires, injuries and fatalities. To comply with the legislation, you must:

• Carry out fixed wire testing (EICR) at required intervals

• Inspect and test portable appliances (PAT testing)

• Maintain safe gas and electrical infrastructure across all sites according to the manufacturer’s guidance

• Address defects promptly and keep clear maintenance records

• Arrange annual inspections of gas appliances, installations and pipework

• Keep safety certificates up to date

All gas work must be carried out by Gas Safe registered engineers, and electrical work performed by qualified and competent electricians.

6. Monitor water hygiene

Public sector estates must also assess and control risks from all water systems to protect staff, visitors and service users from legionella and other waterborne hazards. That applies to cooling towers, hot and cold water tanks and rarely used outlets.

Key steps include:

• Carrying out a thorough risk assessment of every water system in the building

• Regularly flushing infrequently used outlets to prevent stagnation

• Monitoring and maintaining water temperatures within safe ranges

• Inspecting and servicing tanks, pipework and outlets to keep systems in good condition

• Cleaning and disinfecting systems as required

7. Maintain lifts and lifting equipment

Ensuring lifts and lifting equipment are safe to use is a statutory compliance obligation for many local authority and public sector buildings. You must arrange regular inspections by certified engineers, maintain a clear schedule of servicing and act promptly to make repairs. 

Public sector estate health and safety compliance tips

Okay, now we’ve covered the health and safety compliance essentials, what practical steps can public sector estates take to stay on the right side of the law?

• Keep detailed records of all inspections, maintenance and remedial actions to create a clear audit trail for regulatory inspections

• Document any incidents and the corrective actions you take

• Implement digital compliance systems to help you centralise information, track performance and respond quickly to audits

• Continuously improve your processes based on findings and audits

• Review compliance regularly at a strategic level

• Give all staff health and safety induction training

• Provide role-specific training for fire wardens and first aiders

• Encourage reporting of hazards and near misses

By treating the health and safety of your public sector estate as an ongoing commitment rather than a one-time project, you can create safe, inclusive buildings that serve your communities and protect your users. 

Safeguarding your public sector estates

Partner with BTG Eddisons for comprehensive building surveys and tailored public sector property solutions that help you stay one step ahead of your health and safety compliance obligations. We help you identify risks early, implement effective controls and create a robust, auditable record of every inspection, action and outcome. Get in touch to discuss your compliance challenges or arrange a meeting at our nearest office.