Medical Office Buildings: Unique Risks and Insurance Requirements
Why medical office buildings are different
Medical office buildings (MOBs) sit in a unique space between “standard commercial property” and “healthcare premises&rdquo…
Owning an office building can look straightforward: collect rent, manage repairs, and keep tenants happy. In reality, office landlords sit on a wide set of liability exposures that can trigger expensive claims, disputes, and reputational damage.
Even where a lease pushes day-to-day responsibilities onto the tenant, landlords can still face claims from employees, visitors, contractors, neighbouring properties, and sometimes tenants themselves. The risk is higher in multi-let buildings with shared areas, older properties, frequent contractor activity, and complex building services.
This article breaks down the most common landlord liability exposures in office buildings, the legal and practical duties that sit behind them, and the controls that reduce the chance of incidents.
Landlord liability exposures typically fall into three buckets:
Public liability: injury or property damage to third parties (visitors, delivery drivers, members of the public) linked to the premises.
Property owners’ liability: a specific form of public liability focused on ownership and maintenance of the building (often used for landlords).
Employers’ liability: only applies if the landlord employs staff (e.g., caretakers, cleaners, concierge, facilities team).
There are also related exposures that often sit alongside liability claims:
Legal expenses and disputes (tenant disputes, contract disputes, health and safety prosecutions).
Professional negligence (if the landlord provides advice/services beyond a typical landlord role).
Environmental and pollution incidents (fuel leaks, chemical releases, contaminated water).
This is one of the most frequent causes of injury claims. Office buildings have high footfall and multiple “transition points” where accidents happen.
Common triggers include:
Wet floors from rainwater at entrances
Poorly maintained staircases or handrails
Uneven paving, loose tiles, damaged carpets
Poor lighting in corridors, stairwells, and car parks
Temporary hazards during works (cables, tools, open access panels)
Risk controls:
Documented inspection regime for common parts (daily/weekly depending on footfall)
Clear cleaning procedures and wet floor signage
Planned maintenance schedule for flooring, steps, and external paths
Adequate lighting and emergency lighting testing
Contractor management: segregation, signage, permits to work
Office landlords can face claims if parts of the building fail or detach.
Examples:
Ceiling tiles falling due to water ingress
Loose signage or façade elements
Window failures or falling glass
Poorly secured fixtures in lobbies or shared toilets
These incidents can cause serious injury and large claims, particularly in public-facing buildings.
Risk controls:
Periodic building condition surveys
Prompt repairs for water ingress and structural defects
Formal inspection of external elevations and roof areas
Competent contractor selection and quality checks
Fire is a major exposure in offices, and liability can arise from both injury and property damage. In multi-let buildings, confusion over responsibilities is common.
Potential liability drivers:
Inadequate fire risk assessment or failure to act on findings
Poor maintenance of fire doors, alarms, emergency lighting
Blocked escape routes in common areas
Defective compartmentation or unapproved alterations
Poor management of hot works during refurbishments
Risk controls:
Up-to-date fire risk assessment for common parts (and clarity on tenant responsibilities)
Documented testing and maintenance of alarms, emergency lighting, extinguishers
Fire door inspections and remedial works
Hot works permits and contractor controls
Clear evacuation signage and tenant communication
Older office buildings may contain asbestos in ceiling voids, risers, plant rooms, or floor tiles. Liability can arise from exposure claims, enforcement action, and remediation disputes.
Risk controls:
Asbestos management survey and register
Clear labelling and communication to contractors
Refurbishment/demolition surveys before intrusive works
Controlled access to plant rooms and risers
Competent licensed removal where required
Landlords can be exposed where they control water systems in common parts or provide services to tenants.
Typical risk points:
Stored water tanks, dead legs, low-use outlets
Showers in shared facilities or gyms
Poor temperature control or lack of monitoring
Risk controls:
Legionella risk assessment and written scheme
Temperature monitoring and flushing regimes
Regular inspections of tanks and calorifiers
Clear allocation of responsibility where tenants control their own systems
Lifts are high-severity exposures. A single failure can lead to serious injury and regulatory scrutiny.
Common issues:
Poor maintenance or missed inspections
Entrapment incidents and inadequate emergency response
Misuse or overloading
Risk controls:
Service contracts with competent lift engineers
Statutory inspections (e.g., LOLER where applicable)
Emergency communication and rescue procedures
Clear signage and reporting process for faults
Landlords may face claims connected to security failures, especially where they control access to the building.
Examples:
Inadequate lighting and CCTV in car parks
Poor key/fob management
Uncontrolled access to reception areas
Theft from vehicles or common storage areas
While crime claims are not always “liability” in the strict sense, allegations of negligence can arise.
Risk controls:
Access control policies and audit trails
Visitor sign-in procedures and reception protocols
CCTV coverage and maintenance logs
Adequate external lighting and landscaping controls
Office buildings frequently undergo fit-outs, refurbishments, and maintenance works. Contractors create a major liability exposure.
Key risk drivers:
Hot works (welding, cutting, roofing)
Working at height (roof access, façade works)
Poor segregation from tenants and the public
Inadequate competence checks and insurance verification
Risk controls:
Contractor pre-qualification (RAMS, competence, references)
Permit-to-work system (hot works, roof access, confined spaces)
Proof of insurance and contract terms (including indemnities)
Site supervision and tenant communication
Vehicle movements create a predictable injury risk.
Typical incidents:
Pedestrian struck in a car park
Reversing accidents in loading bays
Poor signage, blind spots, and inadequate lighting
Uneven surfaces causing falls
Risk controls:
Marked pedestrian routes and barriers
Speed limits, signage, and mirrors at blind corners
Lighting and surface maintenance
Delivery management rules and time windows
UK weather can turn routine areas into hazards.
Common exposures:
Ice and snow on steps and paths
Storm damage causing falling debris
Blocked gutters leading to leaks and internal damage
Risk controls:
Winter maintenance plan and gritting logs
Tree inspections where relevant
Regular gutter and roof checks
Emergency response plan for storms and flooding
Many liability problems start as paperwork problems. When a lease is unclear (or not followed), incidents can become disputes.
Examples:
Who maintains the HVAC system?
Who is responsible for internal fire doors?
Who controls water hygiene in tenant areas?
What happens when a tenant makes alterations?
Risk controls:
Clear lease wording and schedules of condition
Documented handover packs for tenants
Regular landlord inspections (as permitted) and compliance reminders
Alterations process requiring approval, drawings, and sign-off
Landlords can face third-party property damage claims from neighbours.
Examples:
Escape of water from roof or common pipework
Falling debris damaging vehicles or nearby buildings
Noise and vibration from plant rooms
Risk controls:
Preventive maintenance for roofs, gutters, and pipework
Plant maintenance and acoustic assessments where needed
Incident response plan and rapid mitigation
Office landlords should take advice for their specific circumstances, but common duty areas include:
Occupiers’ liability: duties to lawful visitors and, in some circumstances, trespassers.
Health and safety law: duties to manage risks in areas under landlord control.
Fire safety legislation: responsibilities for common parts and building-wide systems.
Asbestos management duties: where asbestos may be present.
The practical takeaway: if you control the area, you likely control the risk—and may carry the liability.
A simple, repeatable framework helps reduce claims:
Define responsibilities: landlord vs tenant vs managing agent, in writing.
Inspect and record: routine inspections with dated logs and photo evidence.
Maintain critical systems: fire, lifts, electrics, water hygiene, emergency lighting.
Control contractors: competence checks, permits, segregation, and supervision.
Communicate with tenants: planned works, incident reporting, and building rules.
Have an incident plan: first aid, emergency contacts, documentation, and insurer notification.
Insurance won’t stop incidents, but it can protect cashflow and balance sheet when something goes wrong.
Office landlords commonly consider:
Property owners’ liability (limit appropriate to footfall and risk profile)
Employers’ liability (if staff are employed)
Legal expenses (tenant disputes, contract disputes, prosecutions)
Property insurance (buildings, loss of rent, terrorism where relevant)
Engineering inspection (for lifts and pressure systems)
Policy suitability depends on building size, occupancy, claims history, and how responsibilities are split.
Landlord liability exposures in office buildings are rarely about one dramatic event. More often, they come from small maintenance issues, unclear responsibilities, and weak contractor control.
A disciplined approach—documented inspections, planned maintenance, clear tenant communication, and strong compliance around fire, water, and asbestos—reduces both incidents and disputes. And when something does happen, good records can be the difference between a quick resolution and a long, expensive claim.
It depends on who controls the area where the accident happened. If it occurs in a common area managed by the landlord or managing agent, the landlord may face a claim.
Not always. Even with an FRI lease, landlords can still have duties for common parts and building-wide systems, and may face claims from third parties.
Landlords are commonly responsible for fire safety in common areas and for building-wide systems, but responsibilities should be clearly documented and managed.
Inspection logs, maintenance records, contractor permits, photographs, incident reports, and evidence that risks were identified and controlled.
Asbestos, outdated fire compartmentation, aging electrics, water system hygiene issues, and deteriorating building fabric are common high-risk areas.
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