Health & safety considerations for holiday lets

If you let your property to holidaymakers, you have a duty of care to each guest.

It’s clear you need to take care of your paying customers, but what are your precise responsibilities? Health and safety issues are complex in every field and holiday accommodation is no exception.

As a provider of holiday home insurance for a range of properties, we aim to help you through the maze of regulations. Here’s your at-a-glance Intasure guide to health and safety for holiday lets.

Why health and safety compliance matters in holiday lets

Looking after the safety and wellbeing of your guests is essential to avoid legal and regulatory problems. Getting sued or prosecuted after an accident could leave you severely out of pocket, cause loss of trade, or completely ruin your business.

Knowing the general health and safety rules¹ can be vital. When people enjoy their stay without mishaps you can then tempt them back for return visits, gain positive reviews and secure those all-important recommendations to family and friends.

How do you ensure your holiday let is health and safety compliant?

The first step in ensuring your holiday let is health and safety compliant, and safe for guests, is to start with a general risk assessment. You can use this list to check off the items likely to cause a problem, and remedy any shortcomings:

• Are there handrails on stairs and safety railings on balconies?
• Watch out for and remove sharp or protruding objects that could cause injury
• Ensure that non-slip tiling is fitted in bathrooms and around swimming pools
• Be vigilant for slip and trip hazards
• If there are low ceilings, hidden steps or drops in footing, install warning signs
• Remove obstacles from pathways and keep them clear at all times
• Fit restrictors to stop windows from opening dangerously wide
• Ensure that areas such as pathways, escape routes, patios and corridors are well lit
• Create a guest file of the essential health and safety information, including emergency phone numbers to call in case of an accident

Holiday let health and safety requirements, by category

To simplify the health and safety compliance process for your holiday let, we’ve split the requirements into the main subject areas.

Fire safety for holiday lets

Fire is a risk in any residential property and the risk can be increased when people are in unfamiliar surroundings. If you provide holiday accommodation for paying guests in England and Wales or in Scotland, you are legally required to carry out a fire risk assessment and ensure that the property complies with the relevant regulations², such as the Regulatory Reform (Fire Safety) Order 2005 (England and Wales) or Part 3 of the Fire (Scotland) Act, supported by the Fire Safety (Scotland) Regulations 2006³.

If you own a holiday let outside the UK, it’s your responsibility to conduct an assessment and comply with local regulations.

Fire safety risk assessment

Part of this obligation is to undertake a fire safety risk assessment. This assessment can be divided into three steps:

1. Identify fire hazards

You can’t avoid all risk of fire, but your assessment can clearly pinpoint where the dangers are. Bear in mind that a fire needs three factors to start and spread, so your assessment should focus on:

1. Things that can ignite, including faulty equipment, cooking processes, portable gas heaters, open fires and log burning stoves.
2. Fire-spreading flammable materials, such as fabrics, furniture, decorations and wallcoverings.
3. Oxygen sources that may fuel a fire and provide routes for it to spread. These can include windows and doors, and ventilation or air conditioning systems.

Once fire hazards have been identified, they can be minimised. For example, you could add a hearth to a fireplace, replace old furniture and fabrics with fire retardant equivalents, and fit fire doors.

2. Assess who’s most at risk from fire

The next stage of your fire risk assessment is to determine how well your more vulnerable guests are protected, including children and elderly or disabled people. Your emergency plan must be suitable for everyone who may stay in the property.

3. Put strong fire safety measures in place

After the assessment, it’s important to determine which practical measures will reduce the risks found. They are likely to include:

• Fitting suitable smoke detectors and keeping them maintained.
• Creating an emergency plan and detailing it on a fire action notice. This should inform guests what to do and where to go in the event of a fire.
• Putting firefighting equipment in place. Do you know which fire extinguisher is appropriate for a holiday let? At the very least you’ll require a multi-purpose extinguisher on each floor near the stairs, plus a fire blanket in the kitchen.
• Providing clear signs warning guests not to tackle anything more serious than a small fire, but to evacuate immediately.

Be aware of the furniture and furnishings safety regulations

Furniture and fabrics can be a major fire hazard. With that in mind, strict regulations govern the provision of furniture and furnishings in holiday lets. All new domestic furniture purchased after 1st March 1990 should meet standards set out in the Furniture and Furnishings (Fire) (Safety) Regulations 1988⁴.

Gas safety regulations for holiday lets

If your holiday let has a gas supply, you must ensure that all appliances and flues are installed correctly, well maintained and properly tested.

Secure your gas safety certificate

Under the UK Gas Safety and Use Regulations (1998)⁵, landlords must use a Gas Safe registered engineer for maintenance and safety checks on all gas equipment. The engineer will provide you with a gas safety certificate, which should be displayed where guests can see it. Certificates need to be renewed every 12 months, so an annual inspection by a qualified engineer is essential.

Fit and maintain carbon monoxide alarms

Holiday let landlords must also provide a carbon monoxide alarm in any room that’s used as living accommodation and contains a fixed combustion appliance.

Electrical safety for holiday lets

Electricity brings its own dangers, so ensuring safety standards are met with power sources, wiring and appliances is integral to any well-run business, including holiday lets⁶.

Is it obligatory to have a UK electrical safety certificate?

Depending on your location, it may be the case that you need a UK electrical safety certificate. They are not a legal requirement in England and Wales, but they are in Scotland. Even when a certificate is not legally required, it’s wise to have all fixed wiring in a rentable property inspected and tested by an NICEIC registered engineer. This should happen at least once every 5 years, as much for your own protection as that of your guests⁷.

What about PAT testing?

Portable electrical devices such as kettles and toasters should also be safety checked by a qualified electrician, which is the job of PAT (portable appliance testing). Tests should be performed every year to ensure that these constantly used items haven’t developed potentially hazardous defects⁸. 

Oil safety regulations for holiday lets

If your holiday accommodation uses oil for heating, the oil safety regulations should be adhered.

Is an oil safety certificate compulsory?

No, but it’s prudent to have all oil-burning appliances and equipment checked by an OFTEC Registered Technician who can supply an OFTEC CD/12 Landlord Oil Installation Check form.

Oil-fired appliances must be serviced by law

It is a legal requirement to have any oil-fired appliance and equipment serviced in accordance with the manufacturer’s instructions. You also need to know the UK government’s guidance on storing oil on your property⁹.

Safety for hot tubs, spas, and swimming pools

It’s wonderful if you can offer your guests a hot tub or a swimming pool, but it’s essential to ensure safety as well as luxury. The relevant regulations cover both general safety and the prevention of infections such as legionella. Ensure you take the recommended precautions, which include:

• Installing a fence
• Providing clear signage
• Having the correct safety equipment available and accessible
• Making sure surrounding surfaces are non-slip
• Carrying out risk assessments for guests and anyone working near the pool

You’ll find a useful summary of your hot tub and swimming pool-related responsibilities on the HSE website¹⁰. If the property is outside the UK, be sure to familiarise yourself with the local regulations.

Have a plan in place in case of accidents

Realistically, accidents can happen no matter how carefully you comply with the regulations, so it’s vital to be prepared.

• Formulate an action plan and inform guests of the correct procedures
• Provide a guest file and make sure it includes up-to-date emergency numbers or contact details
• Give clear instructions on what to do in the case of a fire, and where to turn off the gas, electricity and water

How to protect your investment

Compensation or legal penalties, should something go wrong, could threaten your business. That’s why making sure your holiday let complies with health and safety regulations is also about protecting the significant investment you’ve made.

For the same reason, it’s important to have suitable holiday home insurance in place, along with employer’s liability insurance if you hire cleaners or maintenance professionals to look after your property. At Intasure, we are holiday home insurance specialists, who provide holiday let insurance to help protect your business.

The sole purpose of this article is to provide guidance on the issues covered. This article is not intended to give legal advice, and, accordingly, it should not be relied upon. It should not be regarded as a comprehensive statement of the law and/or market practice in this area. We make no claims as to the completeness or accuracy of the information contained herein or in the links which were live at the date of publication. You should not act upon (or should refrain from acting upon) information in this publication without first seeking specific legal and/or specialist advice. Arthur J. Gallagher Insurance Brokers Limited trading as Intasure accepts no liability for any inaccuracy, omission or mistake in this publication, nor will we be responsible for any loss which may be suffered as a result of any person relying on the information contained herein.

Sources

1. https://www.hse.gov.uk/simple-health-safety/
2. https://www.legislation.gov.uk/uksi/2005/1541/contents/made
3. https://www.legislation.gov.uk/asp/2005/5/part/3
4. https://www.firesafe.org.uk/furniture-and-furnishings-fire-safety-regulations-19881989-and-1993/
5. https://www.hse.gov.uk/pubns/books/l56.htm
6. https://www.hse.gov.uk/electricity/maintenance/safety.htm
7. https://www.gov.uk/government/publications/electrical-safety-standards-in-the-private-rented-sector-guidance-for-landlords-tenants-and-local-authorities/guide-for-landlords-electrical-safety-standards-in-the-private-rented-sector
8. https://www.nationalsafetyinspections.co.uk/blog/pat-testing-for-holiday-lets/
9. https://www.gov.uk/oil-storage-regulations-and-safety
10. https://www.hse.gov.uk/pubns/books/hsg179.htm

The sole purpose of this article is to provide guidance on the issues covered. This article is not intended to give legal advice, and, accordingly, it should not be relied upon. It should not be regarded as a comprehensive statement of the law and/or market practice in this area. We make no claims as to the completeness or accuracy of the information contained herein or in the links which were live at the date of publication. You should not act upon (or should refrain from acting upon) information in this publication without first seeking specific legal and/or specialist advice. Arthur J. Gallagher Insurance Brokers Limited trading as Intasure accepts no liability for any inaccuracy, omission or mistake in this publication, nor will we be responsible for any loss which may be suffered as a result of any person relying on the information contained herein.