The insurance policy will state what the insurer requires from the insured and breach of this may lead an insurer to decline a claim. This means that the insurer may stand in your shoes and reclaim any outlay from a third party, eg the architect, designer or builder, which you yourself would have been entitled to recover. Insurance policies carry subrogation rights. Your insurance cover will also be determined by your actions so maintenance is therefore a crucial element of your strategy. You should check that your obligations under the terms of your lease are covered by insurance.
#Building facade maintenance repair and inspection pdf full
The full extent of such contractual obligation may not be covered by insurance, eg where repair constitutes betterment. In addition, you may have obligations as tenant under the terms of your lease to maintain and/or reinstate the building façade if this proves to be defective. You have a legal liability for personal injury caused to staff, all visitors to your building, and members of the public in the vicinity. These may include fire, water penetration, falling debris or collapse of the façade. A number of potential problems might arise. You could therefore be liable to legal action and will find that your insurance does not meet all your costs, after an accident or other event. Proper risk management procedures will help you demonstrate to your insurers and, if necessary the courts, that you have taken reasonable steps towards discharging your legal responsibilities.ģ Liabilities and obligations If you are an owner, a tenant or an occupier you may be responsible for maintenance of the façade. Risk management involves an understanding of the risks and implementing a practical plan for dealing with them. In extreme cases insurance cover may be terminated, making it impossible to obtain insurance at any price. Failure to maintain properly the building façade may result in increased insurance premiums, or difficulty in insurance renewal. To comply with the terms and conditions of the insurance contract you must be able to show that you understand the relevant maintenance needs of your building and that you have met these. Other consequent financial loss, which can be substantial, will not be covered by insurance. Insurance is usually taken out to cover such risks, but will only cover the legal liability. If injury or damage is caused to visitors, occupiers, neighbours, third parties or property, eg by part of the façade failing, then liability arises. Why does this affect me? Owners and occupiers have a legal duty to ensure their building is safe. These need to be understood if the façade is to be maintained and risks properly managed. Each type of façade has advantages and disadvantages. These include profiled metal sheets, cladding panels or glass and aluminium curtain walling. Many different types of construction can be used. This type of façade can be referred to as a non-loadbearing vertical building enclosure. In modern buildings, the façade is often attached to the building frame and provides no contribution to structural stability. 1 Building façade maintenance Legal liability and damage limitation A guide for building owners and occupiersĢ What is a façade? The façade forms the external weatherproof envelope of a building.
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