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Building regulation

  • 18-02-2021 10:15pm
    #1
    itsagoodday
    Registered Users Posts: 6 ✭


    Can the owners legal obligation to have a fire cert / building regulation be passed over in a lease to a tenant?

    I am renting a premises for commercial use and entered into this with the understanding that building regulations were in place. It now transpires that they not do exist on the premises. What's more disconcerting is the landlord wrote into the lease that if any official notice is served with regard to building regulations, all costs associated with building regulations are to be paid by the tenant.

    My question is. Is it legal for a landlord to write into the lease that the tenant is required to pay all costs associated with building regulations if notice is served?

    My understanding was always that compliance with building regulations falls with the owner?


Comments

  • #2
    Gumbo
    Moderators, Society & Culture Moderators Posts: 39,782 Mod ✭✭✭✭Gumbo


    itsagoodday wrote: »
    Can the owners legal obligation to have a fire cert / building regulation be passed over in a lease to a tenant?

    I am renting a premises for commercial use and entered into this with the understanding that building regulations were in place. It now transpires that they not do exist on the premises. What's more disconcerting is the landlord wrote into the lease that if any official notice is served with regard to building regulations, all costs associated with building regulations are to be paid by the tenant.

    My question is. Is it legal for a landlord to write into the lease that the tenant is required to pay all costs associated with building regulations if notice is served?

    My understanding was always that compliance with building regulations falls with the owner?

    Tenants normally need to have all the statutory certificates in place for the use they carry out in the building. You may also need a Disability Access Certificate.


  • #3
    itsagoodday
    Registered Users Posts: 6 ✭itsagoodday


    Thank you Gumbo for such a quick reply. I thought the responsibility and associated costs for attaining these certificates falls with the owner of the property not the tenant? Thank you for your help and advice.


  • #4
    Gumbo
    Moderators, Society & Culture Moderators Posts: 39,782 Mod ✭✭✭✭Gumbo


    itsagoodday wrote: »
    Thank you Gumbo for such a quick reply. I thought the responsibility and associated costs for attaining these certificates falls with the owner of the property not the tenant? Thank you for your help and advice.

    Depends on lease. But the tenant can be prosecuted.


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