Who is responsible for the plumbing in a commercial property?

The plumbing in a commercial property isn’t always the landlord’s responsibility. It all comes down to what you agreed to when you signed the lease. The question of who is responsible is likely answered in your rental agreement. However, there are several types of commercial leases, and while some will say the plumbing is the landlord’s responsibility, others may say differently. 

To help you unpick this complex area, let’s look at some general assumptions you can make when deciding who should arrange and pay for any plumbing repairs. 

Breakdown of responsibilities 

Generally, the landlord is responsible for the building’s structural elements. The foundations, exterior walls, ceilings and roof are all considered structural. Likewise, commercial landlords are also responsible for the essential systems and fixtures in a rented property. 

It falls to the tenant to look after the internal fittings (more on the difference between fixtures and fittings later). According to the Health and Safety Act (1974), it is the tenant’s duty to:

  • Maintain the toilets and sanitary facilities. 
  • Maintain a reasonable temperature. 
  • Provide adequate lighting, space, and ventilation. 
  • Ensure access to safe drinking water.  

All of this is designed to keep the occupants of the building safe. 

The landlord is responsible for maintaining communal areas in a multi-occupation building, providing adequate fire safety measures, and ensuring the tenant receives an Energy Performance Certificate (EPC). 

Fixtures vs fittings?

Some lawyers refer to the distinction between fixtures and fittings to explain the division of duties between landlord and tenant. 

Fixtures are attached to the property and cannot be easily moved. As a rough guide, the landlord must maintain and repair the fixtures integral to the property’s functionality and structure, such as the central heating and plumbing.

Fittings are secured only with a nail or screw, such as a picture frame or mirror. Tenants are responsible for maintaining fittings, particularly those they’ve bought, including furniture or portable air conditioning units.

Code for leasing business premises (RICS)  

The Royal Institute of Chartered Surveyors (RICS) has published a professional standard for leasing commercial premises, followed by many UK businesses and trade groups.  

RICS recognises the differences between a building being wholly or partially occupied to determine responsibilities.

Whole building

Tenants leasing an entire building are typically responsible for repairing and maintaining all aspects of the building, both internal and external. 

This arrangement reflects the tenant’s complete control over the property and is common in single-tenant properties.

Part of a building

For tenants leasing part of a building (e.g., one floor in an office block), the responsibilities are divided.

  • The tenant is responsible for maintaining and repairing the internal, non-structural parts of their leased area. 
  • The landlord remains responsible for the communal and structural elements, including the boiler, central heating and plumbing. 

When a tenant only leases part of a building, the cost of maintaining and repairing communal areas is typically levied through a service charge based on the size of the leased area or another agreed method.

EPC rules for landlords 

Rented properties in the UK must achieve a minimum threshold for energy performance, as set out in the Minimum Energy Efficiency Standards (2018). 

You cannot legally rent your property if you don’t have an energy performance certificate (EPC) rated E or above (some exemptions apply – see our post on EPC changes for landlords). 

A plan was proposed to raise the minimum EPC rating to C by 2025 for new tenancies and 2028 for existing agreements. However, the UK government abandoned this plan in 2023, leaving the E rating in place. 

The minimum standard applies to commercial and domestic properties, but the regulations differ slightly:

  • Domestic properties: Landlords must meet the E rating to let or continue letting the property, with compliance enforced by local authorities.
  • Commercial properties: Similar requirements apply, but enforcement is typically handled by trading standards officers.

How to look after plumbing in a commercial property

Proper maintenance of the plumbing in a commercial property is essential to prevent costly repairs. Here are six key tips:

  1. Regular inspections: Schedule an annual boiler service that includes your pipework and radiators to identify leaks, corrosion, or blockages early before they become expensive problems.  
  1. Employee awareness: Train staff on proper waste disposal practices. For example, avoid flushing unsuitable items down toilets or pouring grease into sinks.
  1. Temperature control: Protect pipes from freezing in colder months by insulating them and maintaining adequate indoor temperatures.
  1. Monitor water pressure: Keep an eye on your water pressure. Too high can damage pipes and fixtures, while low pressure may indicate a leak.
  1. Emergency plan: Have a plan for plumbing emergencies, including contact information for reliable commercial plumbers in your area.

By being proactive, property managers and landlords can ensure plumbing systems remain efficient, reducing downtime and saving money on unnecessary repairs.

The bottom line 

As a general rule, plumbing is considered a permanent fixture in a property, so you would expect it to be the landlord’s responsibility. If your radiators are knocking or your taps are dripping, the landlord should be the first port of call. 

However, in the case of a single-tenancy occupancy, where the tenant has complete control over the building, the central heating and plumbing are more likely to be the tenant’s responsibility.  

We recommend reviewing your tenancy agreement carefully. It will include a section outlining responsibilities for maintaining and repairing the plumbing. Since each case is unique, the division of duties will depend on the terms you agreed at the outset.

Post author

Charlie Roughton

Date of post

December 11, 2024

Categories

Table of content

Recent blogs

What is the summer setting on a combi boiler?

What is the summer setting on a combi boiler?

What is the summer setting on a combi boiler? The summer setting on a combi boiler can be your best friend when the summer time hits.  It’s a bill saver when the weather starts to get warmer, and it quickly becomes one of the best ways to make sure your house...

How to reset your boiler step-by-step

How to reset your boiler step-by-step

Common faults and issues can cause a boiler lockout. Lockouts occur when an error or fault is detected, protecting the central heating system from damage. The good news is that a simple reset may be enough to restart your boiler, and in most cases, you can do this...

Need some help?

Call our team today

01622 749 700

We’re now offering up to 3 years’ interest-free credit on new boiler installations

Shopping cart0
There are no products in the cart!
Continue shopping
0