Does a Lift in a Block of Flats Need LOLER?

Why does LOLER apply to a lift in a block of flats?

LOLER covers lifting equipment used at work, and its duties fall not only on employers but on anyone who controls lifting equipment in connection with a business or other undertaking, profit-making or not. A passenger lift in the common parts is used at work by cleaners, caretakers, concierge staff and the contractors who maintain the building. The freeholder, residents' management company or right-to-manage company controls it, often through a managing agent. That puts the lift within LOLER, even though most of the people who ride in it are residents rather than anyone's employees.

What if nobody works in the building?

The duty to keep the lift safe does not go away. The Court of Appeal has held that the common parts of a block of flats, lifts included, are non-domestic premises for the purposes of section 4 of the Health and Safety at Work etc. Act 1974, so whoever controls them must take reasonable steps to make sure the lift is safe for the people using it. A six-monthly thorough examination by a competent person is the accepted way to show that, which is why council housing policies commonly put communal lifts on the same six-monthly cycle as any lift under LOLER.

Who is responsible for arranging it?

Whoever controls the common parts: usually the freeholder, a residents' management company or a right-to-manage company. A managing agent often books the visit and keeps the paperwork, and shares the duty to the extent that it controls the lift. Appointing one does not hand the duty over, though: the freeholder or company that appointed the agent keeps it, and should always be able to see the latest report. Where a lease or management agreement divides the work, agree in writing who arranges the examination, so it does not fall between two parties.

How often does the lift need examining?

At least every six months, because it carries people. That interval only changes if a competent person has drawn up a written scheme of examination for that particular lift. The lift also needs examining after anything that could affect its safety, such as damage, a serious fault or a major alteration. The six months is a maximum, and there is no grace period.

Doesn't the maintenance contract cover it?

Not by itself. The lift company's service visits keep the lift running, and they matter, but a service is not the thorough examination and does not reset its date. The examination is a separate legal check of whether the lift is safe to keep using, carried out by a competent person independent enough to judge it impartially, which rules out the engineer who services it, because they would be judging their own work. Some contracts include an examination by a separate team. If yours does, you will have a Report of Thorough Examination at least every six months; if you have never seen one, the contract is not covering it. That is the gap that catches a lot of blocks.

What if the lift has never been examined?

Strictly, a lift without a current thorough examination should not be in use, so treat it as urgent rather than something for the next board meeting. Book an examination, say that there is no previous report, and find whatever paperwork exists, such as the maintenance log and any installation documents, because it helps the examiner. Tell residents what is happening, especially anyone who cannot manage the stairs. We treat an overdue passenger lift as a priority.

Will residents be without the lift on the day?

For part of the visit. The examiner checks the car, the landing and car doors and their locks, the ropes, brake, governor and safety gear on a traction lift, or the hydraulic system and its safety valves on a hydraulic one, and the alarm and controls. Some of those tests cannot be done with people in the car, so the lift comes out of service while they run. In a block with one lift, agree the time in advance so residents can be told. Any defect that makes the lift unsafe is reported to you in writing straight away.

Does the same apply to stairlifts and platform lifts in the block?

Yes. A stairlift or platform lift in the entrance hall or another communal area is covered on the same basis as the passenger lift: the same people control it, and it carries people, so it needs the same six-monthly examination. A lift or stairlift inside a single flat, used only by the household, is different: it is not work equipment, and LOLER does not apply unless carers or other workers use it as part of their job.

What about taller blocks?

In England, a residential block at least 18 metres or seven storeys high has an extra duty under the Fire Safety (England) Regulations 2022: monthly checks of any firefighting or evacuation lift, with a fault that cannot be fixed within 24 hours reported to the fire and rescue service. Those checks sit alongside the six-monthly LOLER examination; they do not replace it.

What should you do now?

Three things, in this order.

1. Ask your managing agent or lift company for the latest Report of Thorough Examination.
2. If there isn't one, or it is more than six months old, book an examination.
3. Put the next due date in the diary, and keep every report with the building's records.