Car Park Near Miss - Landlord Responsibility

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LaserSafetyGuy
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Car Park Near Miss - Landlord Responsibility

Post by LaserSafetyGuy »

Hi,

We have a shared access car park with the building next door, recently the building has changed to a new company and has seen a significant increase in traffic. We had an incident when a van leaving the junction at their side almost went into the side of one our staff member entering the car park. I have had a road marking company out and they have put a proposal together for better traffic management. My question is should the landlord, who owns both buildings and the car park be responsible for paying the fee?
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Alexis
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Re: Car Park Near Miss - Landlord Responsibility

Post by Alexis »

Hi LaserSafetyGuy. :wave: Welcome aboard. .salut

The short answer is yes, unless the buildings and car parks are on leased land.

In those cases, there may be an agreement in place already between the leaseholder and the owner with regards to the maintenance etc of the car parks.

Hope this helps.

Good to have you join us.

Just a little added side, HSWA does apply if the car parks aren't maintained correctly and must be safe for their functions. HSE can issue Improvement Notices etc if they deem it unsafe.

In your case, as there has already been a near miss, the Landlords/Leaseholders (if applicable) should perhaps chose to employ an outside Contractor for the entire area Management in order to comply with all details within the Occupiers Liability Act if in England and Wales.

Good luck.
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LaserSafetyGuy
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Re: Car Park Near Miss - Landlord Responsibility

Post by LaserSafetyGuy »

Alexis wrote: Thu Jan 16, 2025 2:17 pm Hi LaserSafetyGuy. :wave: Welcome aboard. .salut

The short answer is yes, unless the buildings and car parks are on leased land.

In those cases, there may be an agreement in place already between the leaseholder and the owner with regards to the maintenance etc of the car parks.

Hope this helps.

Good to have you join us.

Just a little added side, HSWA does apply if the car parks aren't maintained correctly and must be safe for their functions. HSE can issue Improvement Notices etc if they deem it unsafe.

In your case, as there has already been a near miss, the Landlords/Leaseholders (if applicable) should perhaps chose to employ an outside Contractor for the entire area Management in order to comply with all details within the Occupiers Liability Act if in England and Wales.

Good luck.
Thanks for the welcome and the information.

I'm just starting out in my H&S career so have feeling I will be on the site regularly :D
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Alexis
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Re: Car Park Near Miss - Landlord Responsibility

Post by Alexis »

LaserSafetyGuy wrote: Thu Jan 16, 2025 2:34 pm

Thanks for the welcome and the information.

I'm just starting out in my H&S career so have feeling I will be on the site regularly :D
Glad you found us at the start of your H&S journey.

This site was set up 20+ years ago for people just like you who were starting out..... including the man who set it up. :lol:

Look forward to hearing from you along your journey. .salut
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Re: Car Park Near Miss - Landlord Responsibility

Post by The Noise Chap »

Just playing Devil's Advocate, but was the near miss actually due to road markings, or something else like the driver looking around and not paying close attention? Call me Captain Sceptical, but a road marking company which makes its money selling road marking works is kind of bound to see a road marking solution. Just speaking as a rapidly ageing fella who is on the road every day, most near-misses I see in a car park are almost always someone not watching what's going on for whatever reason rather than a flaw in the layout or the markings. I only comment as the original post doesn't say what the cause was, just that it has got busier which would then also imply more chance of someone just being dozy, and that a company with a financial interest in selling something suggested that same something as a solution.
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