25th April 2024
Roger Hannah
The term “common area” (or common part) refers to spaces and facilities intended for the shared use of multiple individuals. In situations where there is a tenancy in common, as seen in residential complexes, these common areas are accessible to all tenants, with no single individual having greater control or rights over them than others.
This concept differs from common land, which, under English law, pertains to registered land where individuals hold “rights in common.”
Examples of common areas include:
- Car parks and access ramps.
- Corridors.
- Hallways.
- Lobbies and reception areas.
- Stairways.
- Roofs.
- Lifts.
- Fire escapes.
- Gutters and downpipes.
- Gardens, yards, etc.
- Entrances and paths leading to entrances.
- Amenities such as kitchens, fitness facilities, store rooms, laundry rooms, etc.
- Recreational areas.
In residential buildings, tenants typically share responsibility for maintaining common areas. However, building owners may hire a building or facilities manager to oversee this maintenance. Depending on the upkeep required, it can be beneficial for tenants to organise periodic meetings to discuss common area maintenance.
Common parts are defined as “those portions of residential properties (e.g., a block of flats) that are collectively used by occupants of multiple units (e.g., corridors and fire escape routes)” in the government response to the “Building a Safer Future” consultation, Ministry of Housing, Communities, and Local Government, April 2020.
According to the Housing Grants, Construction, and Regeneration Act 1996 (also known as the Construction Act), “common parts” encompass “the building’s structure and exterior, as well as shared facilities provided for the occupants of one or more flats in the building, whether within the building or elsewhere.”
The Building Safety Act 2022 defines “common parts” concerning a building as:
(a) the structure and exterior of the building, except portions included in the lease of a single dwelling or business premises; or (b) any section of the building intended for the use, benefit, and enjoyment of residents from more than one residential unit (either alone or with others).