Communal Areas and Property Owners' Liability
Shared parts of a block are where most liability claims start — and where responsibility is least obvious to residents.
Reviewed by the Landlord Quote editorial team · Last updated 14 September 2026
In short
- Communal areas are insured under the block buildings policy, not by individual leaseholders.
- Property owners' liability covers injury or damage claims from visitors, residents and contractors.
- £5m and £10m limits are the common market levels for residential blocks.
- Regular inspection records are the practical defence against liability claims.
- Employers' liability is needed if the block directly employs anyone.
What counts as a communal area in a block of flats?
Any part of the building that is not demised to an individual flat: entrance halls, stairwells, landings, lifts, corridors, bin and bike stores, plant rooms, roofs, car parks, pathways, gardens and boundary walls.
The lease plan defines the boundary. Anything outside the demised area of the flats falls to whoever manages the building — freeholder, RTM or RMC — to maintain and insure.
Communal parts are covered under the same buildings section as the structure, so damage to a shared stairwell after a fire, or to a lift after flooding, is handled as one claim alongside the rest of the building.
Read next: Block of flats buildings insurance
What is property owners' liability insurance?
It covers legal liability for injury to people or damage to their property arising from ownership of the building — for example a resident injured by a loose handrail, a visitor slipping in a communal hallway, or a tile falling onto a parked car.
It is included as standard in block policies and is separate from buildings damage cover. The policy meets defence costs as well as any damages awarded, which in disputed claims can be the larger figure.
Limits of indemnity of £5m or £10m are common for residential blocks. Some leases, mortgage conditions or commercial tenants in mixed-use buildings specify a minimum limit.
Things to consider
- Liability sits with the party responsible for the communal parts — often an RTM or RMC rather than the freeholder.
- Contractors working on site should carry their own public liability; ask for evidence before work begins.
- Employers' liability is a legal requirement if the block employs a caretaker, cleaner or gardener directly.
Read next: RTM company insurance · RMC buildings insurance
How do blocks reduce communal area liability claims?
With documented routine inspections, prompt repairs, adequate lighting, clear floor surfaces and evidence that any hazard reported was dealt with. Insurers and courts look for a reasonable system of maintenance, not perfection.
A simple inspection log — date, who inspected, what was found, what was done — is the most useful document a block can hold. Without it, defending a slip or trip claim relies on memory.
Common problem areas are worn stair nosings, unlit external paths, uneven paving, water ingress onto hard floors, and communal doors that fail to close properly.
Read next: Blocks of flats insurance guide
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