Community asset transfer policy 2025

Appendix 7: Compliance guidance for VCSE sector organisations (external use)

Introduction
What is required under the lease?
Tenant's responsibility
Record management
1 Asbestos
2 Legionella
3 Fire
4 Emergency lighting
5 Electrical testing
6 Gas safety
7 Control of Substances Hazardous to Health (COSHH)
8 Servicing, testing and inspection
9 Security
10 Contractor briefing - routine maintenance visits
11 Insurance
12 Weekly checklist
13 Monthly checklist
14 Quarterly checklist
15 Annual checklist
16 Defects log
17 Contacts
18 How to carry out a fire alarm test

Introduction

One of the biggest challenges for voluntary, community and social enterprise (VCSE) sector groups is the safe and efficient management of their premises. As a Gateshead Council tenant in one of our buildings, we want to make sure that you can focus on the hugely important work you are doing delivering services to the residents of Gateshead. Properties will almost always need an element of repair or statutory compliance, but we want to make sure that the buildings are fit for purpose and do not take up a disproportionate amount of administrative time.

This tenant pack aims to streamline occupation by VCSE tenants:

clarity on roles and responsibilities
contact details for tenants wanting to access repairs advice
checklists on what H&S needs to be undertaken on a weekly, monthly and annual basis

As with all properties which are tenanted, Community Asset Transfer (CAT) tenants will need to plan for their own internal repairs and maintenance. In some cases, you may already be in your building and so will know broadly what the costs are, but for new agreements we will work with you to estimate future maintenance and repairs costs.

We know that accessing professional advice is also something which is a barrier to tenants. We list below some of the organisations which can offer low cost or even pro-bono advice:

Finally, compliance and management of your space is a critical part of occupying a building. This document sets out guidelines and checklists so that you and your trustees can be sure you are complying with all the current laws. However, whilst we have provided this guidance, it is still your responsibility to ensure that you are up to date as legislation changes. We would recommend that you nominate someone within your organisation to take responsibility for building matters so that they are able to report to trustees and the Council that the VCSE sector organisation is fully compliant.

What is required under the lease?

A lease is a legal interest in land for a certain length, known as a term, which allows the tenant to occupy their space with 'quiet enjoyment' - a legal term which has nothing to do with noise, but allows them to be in the premises without interruption from the landlord. All leases are granted for a 'contractual term'.

CAT leases are granted outside of the protection of the 1954 Landlord and Tenant Act. It is likely that a new lease will be granted at the expiry of the old one but if things are not going as expected, then both sides have the flexibility to move on. Under a CAT lease, tenants are responsible for paying their rent, using their premises for the agreed use, observing any planning restrictions, and for the repair and maintenance of their premises, as well as potentially contributing towards the upkeep of communal services.

The lease is the document that sets out what the tenant and landlord should both do. You are always advised to obtain your own professional property and legal advice before signing any lease.

Tenant's responsibility

The following section sets out the tenant's responsibility in terms of the lease. We know keeping on top of the running of a property can be a very complex process, so we have produced this combined property guide and logbook to help you. It seeks to simplify the responsibilities of managers for statutory tasks required at your site for the safety of staff, public and other visitors.
Further information at GOV.UK (opens new window)

Record management

As the occupier of premises, you will have responsibility under the Health and Safety at Work etc. Act 1974 (opens new window) for complying with all workplace health and safety requirements and ensuring a safe environment for your staff and visitors to the premises. You must carry out Health and Safety Risk Assessment(s) in the workplace and take action to remove or mitigate any hazards. Advice on preparing a Health and Safety Risk Assessment is available on the HSE website (opens new window). Retaining paperwork to evidence good management is essential and it is worth investing in a good system to ensure process and paperwork are kept in good order. This document sets out a good way to achieve an orderly health and safety system.

1 Asbestos

Asbestos can present significant risks to occupants of premises if not adequately managed. As such, asbestos management plans have been produced for all premises.

Prior to letting the premises, the council will have undertaken an asbestos management survey. Please note that the asbestos survey does not identify all asbestos within the property as there might be hidden items in areas such as risers.

You will be given a copy of this in the tenant handbook, on commencement of your lease. If you do not have a copy, please let us know immediately.

The asbestos management plan contains a copy of the asbestos survey, which shows where in the premises asbestos has been identified or is suspected. If your premises contains asbestos, this does not mean that there is a danger to your health, safety or welfare. If the asbestos is in good condition and is not in an area where it will be damaged by everyday activities, then it is safer to leave it in place.

Although you may appoint a competent person to carry out all or part of the work to meet the requirements of the duty, you will have to be involved in the final assessment of the potential risk. In particular, you will know how the premises are used and what disturbance is likely to occur.

Remember, the responsibility for complying with the duty to manage the potential risk remains yours as you are responsible for maintaining relevant parts of a building.

Prior to any work commencing on the fabric of the building or fixed equipment, either by contractors or staff, the responsible person must check the asbestos log and establish whether it is safe for the work to be carried out. Under no circumstances must staff drill or affix anything to walls without first obtaining approval from the responsible person (even stapling / pushing a drawing pin into ACM may result in the release of fibres into the air).

The responsible person shall ensure the following:

that the asbestos log is consulted at the earliest possible opportunity and that all work affecting the fabric of the building or fixed equipment is entered in the permission to work log and signed by those undertaking the work
a visual inspection of asbestos containing materials remaining on site is conducted and recorded (we recommend this is conducted annually)
the limitations of the management survey and areas of the building that have not been surveyed are understood and considered as part of the permission to work process, for example areas above 3m in height, within ceiling voids (where panels / tiles are fixed), floor voids and ducts etc
all records pertaining to asbestos are effectively maintained and retained (legal requirement to do so for a period of 40 years)
the asbestos management plan is kept up to date and that any asbestos works (removal, new project specific surveys etc.) are notified to Gateshead Council
if you undertake any refurbishment works you must commission your own asbestos refurbishment survey and if any of the items are damaged or need to be remediated you must inform us at PropertyServices@gateshead.gov.uk

Contractors must read and sign the Asbestos Register before carrying out any work on the premises We recommend an asbestos re-inspection survey is conducted every 12 months.

Relevant legislation:

Find further information on controlling asbestos at the HSE website. (opens new window)

2 Legionella

You will be responsible for the completion of a legionella risk assessment and any subsequent annual testing of the water system, cleaning and chlorination to ensure water in your premises is safe.

Risk assessments and regular testing of water systems (water storage tanks, shower systems, water fountains, pressure wash lances and other systems which potentially hold water at a temperature between 20 and 45°C) now needs to be managed by a competent person in your organisation. Each premise should have a water hygiene logbook and risk assessment in which details of testing need to be stored. Please contact us if you do not have a logbook.

The risks from legionella are mitigated by basic operational controls and thus the following checks are recorded.

water is heated and stored to 60 degrees Celsius at calorifiers (any vessel that generates heat within a mass of stored water)
weekly flushing of seldom-used outlets and all showers (with all outlets flushed after school holiday periods)
monthly temperature checks on sentinel outlets (those nearest and furthest away from calorifier(s)
quarterly disinfection / descaling of showers
stored cold water tanks are inspected for compliance and safety on an annual basis

These operational controls are incorporated into the checklist towards the end of this document.

Find further information on controlling risk of legionella at the HSE website. (opens new window)

3 Fire

You are responsible for fire safety in your premises. The Regulatory Reform (Fire Safety) Order 2005 (opens new window) is the legislation which covers this area.

Occupied premises must have an up-to-date fire risk assessment for the premises and the activities undertaken within them. This document should be reviewed annually; any building changes or change of use to the premises will require a new fire risk assessment to be undertaken. For multi-let premises, the landlord is responsible for fire safety in communal areas such as corridors, but tenants are still responsible for their individual premises.

If fire extinguishers are provided, testing and replacement are now the responsibility of the leaseholder. The number and type of extinguishers will be determined by the fire risk assessment. Fire extinguishers should be inspected by a competent person every 12 months and any failings should be reported to the person in charge immediately. Health and safety regulations require adequate numbers of staff to be trained as fire marshals and usage of firefighting equipment; this number will be determined by risk assessment of the premises and the activities involved. For a high fire risk environment (welding workshop etc.), more staff should be trained than for a low fire risk environment (offices etc.) and attention to be paid to people who may have a disability.

"The responsible person" - (the employer or the person who has control of the premises) is responsible for producing an emergency fire evacuation plan and to train all staff in its use to ensure that all relevant persons on the premises can evacuate quickly and safely in an emergency.

Competent person to conduct the following:

weekly fire call point testing which must be documented in fire logbook
six-monthly planned fire evacuation drill to be documented in the fire logbook
annual service/test of fire extinguishers, documents to be stored in fire logbook
annual test of fire alarm system, documents to be stored in fire logbook
The Regulatory Reform (Fire Safety) Order 2005 (opens new window)

The day-to-day fire management of the premises is a critical part of your responsibilities as an occupier, and it is essential you understand what these are: GOV.UK Fire safety in the workplace (opens new window)

4 Emergency lighting

Emergency lighting is lighting for an emergency situation when the main power supply is cut, and any normal illumination fails. The loss of mains electricity could be the result of a fire, or a power cut and the normal lighting supplies fail. This may lead to sudden darkness and a possible danger to the occupants, either through physical danger or panic. Emergency lighting is normally required to operate automatically and give illumination of a sufficient level to enable all occupants to evacuate the premises safely.

Monthly emergency lighting tests

All emergency lighting systems must be tested monthly. The test is a short functional test in accordance with BS EN 50172:2004 / BS 5266-8:2004.
During the test all luminaires and signs shall be checked to ensure that they are present, clean and functioning correctly.

Annual emergency lighting tests

The annual test must be completed by a competent person with power being disabled for a minimum of three hours; this is the full rated duration of an emergency light. The emergency lights must still be working at the end of this test. The result must be recorded and, if failures are detected, these must be remedied as soon as possible.

5 Electrical testing

Portable appliance testing (PAT)

Portable appliance testing (PAT) is the term used to describe the examination of electrical appliances and equipment to ensure they are safe to use. Most electrical safety defects can be found by visual examination but some types of defect can only be found by testing. However, it is essential to understand that visual examination is an essential part of the process because some types of electrical safety defect can't be detected by testing alone.

A relatively simple user checklist can be a very useful part of any electrical maintenance regime. However, more formal visual inspection and testing by a competent person may also be required at appropriate intervals, depending upon the type of equipment and the environment in which it is used.

Fixed wire electrical testing

Fixed wire testing is a legal requirement - keeping you, your employees and visitors safe. This type of electrical testing is mandatory by law, and ensures you are compliant with the Health and Safety at Work Act 1974 (opens new window) and the Electricity at Work Regulations 1989 (opens new window).

You might hear the electrical systems in your building referred to as electrical installations. The testing must be carried out every five years and appropriate actions undertaken to ensure full compliance.

Find further information on making your premises safe at the HSE website. (opens new window)

6 Gas safety

By law, under The Gas Safety (Installation and Use) Regulations 1998 (opens new window), a gas safety record must be issued every 12 months. This must be conducted by a Gas Safe registered engineer for all pipe work, gas appliances and flues installed at your property.

Requirements:

ensure gas fittings (gas pipework, meters, valves, appliances and flues) are maintained in a safe condition. Gas appliances should be serviced in accordance with the manufacturer's instructions. If these are not available it is recommended that they are serviced annually, unless advised otherwise by a Gas Safe registered engineer, and on completion a gas tightness test should be carried out
ensure an annual safety check is carried out on each appliance/flue
maintenance and safety checks must be carried out by a Gas Safe registered engineer who holds the relevant ACS such as commercial gas etc
keep a record of each safety check for two years
do not use any appliance that is believed to be dangerous
gas leak - To report a gas or carbon monoxide emergency, or if a pipeline is struck (even if no gas leak has occurred) call the National Gas Emergency Service 24 hours a day on 0800 111 999

Relevant legislation:

Gas Safety (Installation and Use) Regulations 1998 Approved Code of Practice and guidance (opens new window)

For further information on making your premises safe please refer to: HSE domestic gas (opens new window) and HSE gas (opens new window)

7 Control of substances hazardous to health (COSHH)

COSHH is the regulation that requires employers to assess and control substances that are hazardous to health. You must prevent or reduce workers exposure to hazardous substances.

More information on this requirement is available on the HSE website (opens new window).

8 Servicing, testing and inspection

Statutory requirements and industry standards for servicing, testing and inspection must be adhered to in order to reduce the risk of accidents and demonstrate due diligence.

Some areas of compliance (for practical reasons) need to be carried out by staff on site, for example, weekly fire alarm tests. Checklists are provided in this handbook. In every instance though, the manager is responsible for ensuring records (including inspection certificates) are maintained on site. Records of statutory inspections and certificates must be kept on site.

9 Security

Security is important, both in relation to normal working hours and in times of non-occupation. Procedures for late/early working are especially important in multi occupancy premises, where working activities and times of work differ. Liaison with other services will be needed.

A safe system of work should be devised for those employees who are lone working or remote working within the premises or who are dealing with members of the public.

Final exit doors must be able to be opened from the inside without a key for fire safety purposes. Key holders must be named as contacts in case of out of hours emergencies (this may be an external security contractor).

Relevant legislation:

10 Contractor briefing - routine maintenance visits

This note is targeted at contractors visiting premises for short periods to carry out routine or emergency maintenance or servicing.

Before selecting a contractor, ensure the contractor has Public Liability Insurance. This is not a legal requirement, but it ensures the contractor is protected if someone makes a claim against them for personal injury or damage to the property.

Before the contractor starts work, run through the following points:

the work involved
where the work is to be carried out
provide the asbestos management plan for the contractor to check the asbestos register and to check if the work requires disturbance to inaccessible areas (those not recorded in the asbestos management plan)
for the contractor to complete the register of maintenance/works
provide building manuals, risk assessments or logbooks on request
inform the contractor on no go areas (unless escorted by a local member of staff)
inform the contractor on basic housekeeping and fire procedures
ensure the contractor signs in and out and completes any relevant logbooks

Ask the contractor about work that may affect the normal running of the premises:

hot work leading to increased fire risk
falls from height/protection from falling objects
noisy or dusty working or works causing smells
switching off power, water, heating or ventilation
switching off or testing alarms
temporary obstructions, particularly fire routes and exits
arrangements for parking and deliveries
segregation of works where appropriate (fencing etc.)
welfare arrangements

11 Insurance

Gateshead Council insures each building through a commercial property policy. This allows tenants to make claims for any repairs following an 'insured event' such as flood, subsidence, fire or similar, as well as accidental damage of the building. Tenants need to make their own arrangements for all other forms of insurance. This is likely to include contents insurance (to replace items, flooring and furnishings that are damaged or stolen) as well as employers insurance.

Public liability insurance is important for the protection of people who visit or use your building. This ensures that if they slip, fall, or are harmed, then they can claim against your policy. Public liability insurance is important and Gateshead Council does check from time-to time. You will also want to check that people carrying out activities in your building are also properly insured. This would include people like dance teachers, martial arts clubs, as well as contractors and people undertaking maintenance work.

It is important that all tenants know that no activities may be carried out in the building that causes the landlord's building insurance to be invalidated. This is seen as really serious by the landlord who may have to take action. An example may be bringing in particularly flammable materials into the building, but common cases include not carrying out essential maintenance for which the tenant is responsible or not reporting building faults in a timely way.

When claiming on landlord's insurance, tenants will be required to pay a policy excess, but the landlord may consider reimbursing this in some situations. Payments are not made automatically, even if the proper forms are completed and sent in, and the council looks into all claims to establish any negligence or breach of 'statutory duty'.

To make a claim against the landlord's insurance you, you must first contact the council, who will redirect your claim accordingly.

12 Weekly checklist

On completion of weekly checks and actions, sign the inspections and checks log and record any defects in the defects log.

Weekly checks
Items to be addressed	Document	Applicable yes/no
Fire	Fire log book
Test the fire alarm call point (ensure all call points are tested in rotation)
Are fire exits and escape routes clear of obstructions? If not, record in the defects log and report to manager.
Legionella	Water hygiene log book
Run infrequently used showers and taps for two minutes
Security	None
Do internal lights work? If not, report as a fault
Do external lights work? If not, report as a fault
Do CCTV cameras work? If not, report as a fault
Is the intruder alarm system working? If not, report as a fault
Slips, trips and fall hazards	None
Are there any obvious slips, trips or fall hazards apparent around the building? If yes, record in the defects log and report to the manager or service responsible.

13 Monthly checklist

Monthly checks
Items to be addressed	Document	Applicable yes/no
Asbestos	Asbestos Management Plan
Check the asbestos register for maintenance / work completed against entries in the visitors' book - report discrepancies to your line manager
Record any changes to asbestos survey and pass to line manager
Energy management	Premises log book
Have meter readings been recorded?
Fire	Fire logbook
Are highly combustible materials (LPG etc.) stored and secured in their correct locations? If not, report to the manager or service responsible
Have new members of staff been briefed on fire precaution arrangements for the premises? If not, report to manager and request a briefing
Are fire extinguishers correctly sited? If not, record in the defects log and report to manager
Do fire doors open as required? If not, record in the defects log and report as a fault
Are the fire assembly points kept free from obstruction? If not, record in the defects log and report to manager
Is access kept clear for emergency vehicles if required? If not, record in the defects log and report to manager
Are corridors, stairwells and kitchen areas clear from storage? If not, record in the defects log and report to manager
Test emergency lighting with key switch. Record lamp failure in the defects log and report as a fault
Slips, trips and fall hazards	None
Are there obvious slip, trip or fall hazards apparent around the building and site generally? If yes, log them on the defects log and report to the manager or service responsible
Statutory notices	None
Are all safety and hazard signs visible and in good order? If not, contact facilities management

14 Quarterly checklist

On completion of quarterly checks and actions, sign the inspections and checks log and record any defects in the defects log.

Quarterly checks
Items to be addressed	Document	Applicable yes/no
Asbestos	Asbestos Management Plan
Where asbestos has either been removed or made safe, ensure that the management plan has been updated (this includes the asbestos register and survey).
Fire	Fire logbook
Are fire extinguishers in date? If not, report to management.
Check the fire logbook for recent emergency lighting system tests. If the system has not been tested recently, report this to your manager or service responsible
Are the fire/emergency procedures up to date?
Are fire/emergency procedures visible and correct?
Is the fire risk assessment available in the file?
Does the fire risk assessment need reviewing because of changes to the building or its occupancy?
Has the fire control plan been brought up to date to reflect changes in personnel etc.?
Are there regular date entries in the fire logbook? If not, report to the manager (for weekly alarm tests) or contractor responsible (for annual servicing or emergency lighting tests).
Do personal emergency evacuation plans for disabled members of staff need updating?
Legionella	Water hygiene logbook
Are entries in the water hygiene logbook up to date?
Maintenance	None
Are there any obvious items of maintenance outstanding (gutters overflowing, roof leaks, plumbing leaks, trip hazards etc.)? If yes, record in the defects log and report as a fault.
Security	Premises logbook
Are the key holder names and numbers up to date?
Site specific assessments	None
Are there any obvious risks from falling trees or branches? If the risk is new, changed or if there are residual concerns about the safety of the tree, seek further advice from your property manager
Are there any obvious defects to adventure playground or other outside equipment? If yes, log and report to manager for further action.
Are there any obvious breaches of security fencing or gates? If yes, log and report as a fault.
Are car parks and external areas that you are responsible for safe and free from broken glass, potholes etc.? If not, take remedial action and report
Statutory notices	None
Are all safety and hazard signs visible and in good order? If not, report to manager for action.

15 Annual checklist

On completion of annual checks and actions, sign the inspections and checks, log and record any defects in the defects log.

Annual checks
Items to be addressed	Document	Applicable yes/no
Inspections and checks log	Premises logbook
Does the inspections and checks log show a regular pattern of inspections and checks for the premises covering weekly/monthly/quarterly checks?
Review the defects log and any recorded actions.
Asbestos	Asbestos management plan
Is an asbestos management plan folder held on the premises? Does it containing an asbestos management survey, emergency procedures, emergency contacts, the permission to work register and the re-inspection log?
Has the asbestos items recorded on your survey report been re-inspected in accordance with the record of inspection schedule in the last 12 months?
Contractors
Are copies of the contractor briefing - routine maintenance visits sheets kept in a prominent place with the signing-in book?
Disabled persons	Premises logbook
Are the following documents available for the premises? Accessibility audit Access management plan
Where there have been physical changes to the premises or changes in the services delivered from the premises - have the accessibility audit and access management plan been reviewed and updated?
Are there procedures in place for disabled people in the event of a fire? You will need to cross check with your fire control plan.
Do disabled employees have a personal emergency evacuation plan? You will need to cross check with your fire control plan.
Energy management	Premises logbook
Are there regular briefings to staff and are posters displayed etc. to remind staff to switch off lights, monitors etc.?
Are monthly records kept of meter readings and the readings passed to the energy management team?
Fire	Premises logbook
Is an up to date fire risk assessment held on the premises? Review the actions applying to local management arrangements and review the assessment for changes in building occupancy or service delivered.
Is an up to date fire control plan held on site? Review the plan for changes of personnel or service delivery.
Legionella	Water hygiene logbook
Is the water hygiene risk assessment and logbook available on site?
Lifts and lifting equipment	Lifts and lifting equipment logbook
Is the lifts and lifting equipment logbook available on site?
Are commissioning, testing and insurance inspection certificates held on site for all equipment?
Is a recorded procedure for maintenance requirements in place, with records kept?
Security	Premises logbook
Has annual maintenance been carried out on security systems... intruder alarm / power-assisted doors / CCTV / panic alarms / security shutters / etc.
Electrical	Premises logbook
Have there been significant numbers of new appliances added resulting in trailing leads? Advise managers to limit the number of appliances or dispose of old equipment.
If the five yearly electrical inspection is due - has the logbook been updated?
Have portable appliances been tested this year (this will be recorded on the equipment itself)?
Site specific assessments	None
Has an annual check (by a specialist) of any adventure playground equipment or other outdoors equipment been carried out?
Storage
Are gas bottles and other highly flammable materials adequately controlled and stored? You may need to take further advice from the health and safety co-ordinator and notify the manager responsible.

16 Defects log

When defects are reported or picked up during your regular checks (whether management related - for example, fire exits being regularly blocked - or building related - for example, plumbing leaks) these can be recorded in the defects log and the actions tracked and closed out by the responsible person or service.

Budget constraints and competing priorities may mean that some defects will need to be put into a future programme of works rather than being dealt with immediately. In some circumstances, defects may not be deemed a priority at all and won't be remedied, for example, where the cost of access far outweighs the cost of the repair or consequent damage caused.

Defect	Reported by	Assigned to	Date recorded	Agreed date for action	Date action completed

17 Contacts

Contacts
Name	Area of work	Phone number/email address

18 How to carry out a fire alarm test

Did you know it's a requirement of the Regulatory Reform (Fire Safety) Order 2005 (opens new window) that your fire alarm system should be tested and the results recorded weekly?

It's the responsibility of the 'responsible person' and the results of each weekly test should be kept in a central fire logbook.

To carry out a weekly fire alarm test you'll need the 'call point test key'.

Insert the key into the call point. When the alarm sounds, remove the key and head to the fire alarm panel.

Alarm panel should then be reset. Record the results in your fire logbook. (This is also the best place to store all of our engineer's maintenance and servicing report sheets.)

Download the Community asset transfer policy as a PDF (PDF, 1 MB)

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