A Practical Guide for Commercial Property Owners and Investors
Commercial property compliance is becoming increasingly complex. Fire safety, asbestos management, electrical testing, legionella control, EPC requirements, health and safety legislation, and insurance obligations all create legal responsibilities for landlords and property owners.
Failure to comply can result in enforcement action, invalidated insurance policies, tenant disputes, costly remedial works, and in some cases criminal penalties. The challenge is that compliance responsibilities are often spread across multiple regulations, leases, contractors, and occupiers.
This guide provides a practical commercial property compliance checklist for 2026, helping landlords understand the key areas that should be reviewed across their portfolio. While every property is different, the principles below apply to most offices, industrial units, retail premises, and mixed-use commercial buildings.
Why Compliance Matters
Many landlords assume compliance is solely a tenant responsibility under a Full Repairing and Insuring (FRI) lease.
In reality, responsibility often depends on:
- The wording of the lease
- The nature of the building
- Whether areas are shared or communal
- Statutory obligations imposed directly on the landlord
- Insurance requirements
Even where tenants undertake day-to-day maintenance, landlords and managing agents often retain responsibility for common areas, structure, life-safety systems, and statutory compliance documentation.
Commercial Property Compliance Checklist 2026
1. Fire Risk Assessment
Every commercial property should have a suitable and sufficient Fire Risk Assessment (FRA).
The assessment should:
- Identify fire hazards
- Assess risks to occupants
- Recommend improvements
- Be regularly reviewed
- Be updated following material changes to the property
Landlords of multi-let buildings should pay particular attention to common areas, means of escape, emergency lighting, fire alarm systems, and compartmentation. Fire safety legislation places duties on the responsible person to ensure appropriate precautions are in place.
Documents to Check
✓ Current Fire Risk Assessment
✓ Fire alarm servicing records
✓ Emergency lighting certificates
✓ Fire extinguisher maintenance records
✓ Fire door inspection records
2. Asbestos Management
If a building was constructed before 2000, asbestos may be present.
Under asbestos regulations, duty holders must identify, assess, and manage asbestos-containing materials where they exist.
Importantly, asbestos does not necessarily need to be removed. However, it must be properly identified and managed. Contractors, occupiers, and maintenance personnel should be informed of any known asbestos risks.
Documents to Check
✓ Asbestos Survey
✓ Asbestos Register
✓ Management Plan
✓ Re-inspection Reports
3. Electrical Safety (EICR)
Electrical systems must be maintained in a safe condition.
For most commercial properties, landlords should ensure Electrical Installation Condition Reports (EICRs) are undertaken periodically, typically every five years unless a shorter interval is recommended by the inspecting engineer.
Common issues identified include:
- Damaged distribution boards
- Missing circuit schedules
- Inadequate earthing
- Deteriorated wiring
- Unsafe alterations by occupiers
Documents to Check
✓ EICR Certificate
✓ Remedial Works Records
✓ Electrical Maintenance Records
✓ Portable Appliance Testing (where applicable)
4. Gas Safety
Where landlords retain responsibility for gas installations or equipment, annual inspections should be carried out by a Gas Safe registered engineer.
This is particularly relevant for:
- Multi-let office buildings
- Shared heating systems
- Communal boilers
- Landlord-controlled plant rooms
Any defects should be addressed promptly and documented appropriately.
Documents to Check
✓ Gas Safety Certificate
✓ Boiler Service Records
✓ Plant Maintenance Reports
5. Legionella Risk Assessment
Legionella bacteria can develop within water systems and present a serious health risk.
Landlords have duties to assess and manage legionella risks, particularly where properties contain:
- Water tanks
- Showers
- Cooling systems
- Infrequently used outlets
- Complex plumbing systems
Even relatively simple systems should be assessed and monitored where necessary.
Documents to Check
✓ Legionella Risk Assessment
✓ Water Monitoring Records
✓ Temperature Testing Records
✓ Flushing Logs
6. Lift and Lifting Equipment
Properties with passenger lifts, goods lifts, hoists, or other lifting equipment may require regular inspections under LOLER regulations.
These inspections are separate from routine maintenance visits and should be completed by a competent independent inspector.
Documents to Check
✓ LOLER Inspection Reports
✓ Lift Maintenance Records
✓ Insurance Inspection Reports
7. Energy Performance Certificate (EPC)
Commercial properties generally require a valid EPC when sold or let.
Current regulations require most rented commercial properties to achieve a minimum EPC rating of E unless a valid exemption applies. Future tightening of energy efficiency requirements remains a significant consideration for landlords and investors.
For older buildings, it is often sensible to identify improvement opportunities before lease events occur.
Documents to Check
✓ Current EPC
✓ MEES Exemption Records (if applicable)
✓ Energy Improvement Strategy
8. Health & Safety Risk Assessments
Landlords and managing agents should regularly review wider health and safety risks within common areas and retained parts.
Areas often overlooked include:
- Slips and trips
- External pathways
- Car parks
- Lighting
- Roof access
- Contractor management
- Vacant units
Regular inspections can help identify issues before they become liabilities.
Documents to Check
✓ General Risk Assessments
✓ Inspection Reports
✓ Contractor Records
✓ Accident Log
9. Insurance Compliance
Many insurance policies include warranties, conditions, and inspection requirements.
Common obligations include:
- Maintaining fire alarms
- Completing periodic inspections
- Keeping vacant properties secure
- Managing escape of water risks
- Recording maintenance activities
Failure to comply with policy conditions may prejudice claims or invalidate cover.
Documents to Check
✓ Current Insurance Schedule
✓ Policy Conditions
✓ Inspection Records
✓ Maintenance Records
10. Property Inspections
One of the simplest and most effective compliance measures is undertaking regular property inspections.
Inspections can identify:
- Health and safety concerns
- Repair liabilities
- Occupier alterations
- Compliance issues
- Vacant space risks
A documented inspection programme also provides valuable evidence should disputes arise in the future.
Documents to Check
✓ Inspection Reports
✓ Photographic Records
✓ Action Tracker
✓ Maintenance Log
Final Thoughts
Keeping on top of commercial property compliance is not simply about avoiding enforcement action. It is about protecting occupiers, safeguarding your investment and ensuring your property continues to operate effectively.
If, having read this guide, you are unsure whether your property is fully compliant or would like a second opinion on your current arrangements, we would be happy to help.
Contact our team for an informal discussion.
Harry Stafford
Property Manager