Liabilities
- Land Law
Understanding the risks, liabilities and mitigations related to land law.
Risk 1: Trespass
Risk: Users may enter the space in possession of other users without permission
Coworking spaces usually accommodate a diversity of users from different companies or self-hiring. This may create potential for co-working space users to trespass the space of others without permission.
Trespass Liability
- When a user enters the land in possession of other users intentionally without permission and cause direct and immediate interference, it would constitute trespass to land
- This may result in granting an injunction to use the co-working space if such trespass affects other users’ enjoyment of space.
- Personal injury damages for discomfort, inconvenience and distress will also be possible in the circumstances.
Mitigation Solutions for Trespass Risks
Clear Membership
- Implement a clear membership process
- Every co-working space user must sign a contract or agreement
- Contract should clearly outline the terms and conditions of use, including access rights, hours of operation, and any specific rules or restrictions
Regular monitoring
- Conduct regular audits of member databases and access logs to ensure that all users accessing the co-working space are authorised
- Monitor the whole premises and address any suspicious activities even by members promptly
Clear Signage
- Clearly designate areas within the co-working space to indicate specific usage
- Remind members and visitors of the rules and restrictions of that particular space
Establishing Secure Access Control
- Implement a robust access system to ensure that only authorised users can enter the space
- This may involve using a keycard, a unique access code, or other authorised means of entry
- Users in breach may result in immediate termination of membership
Guest Registration and Policies
- Ensure every visitor has marked down their entering and leaving time, and which visited areas
- Require users to register their guests in advance and provide them with temporary access
- A limit on the number of guests can also be set
Risk 2: Fire Evacuation Requirements
Risk: The user fails to get out of the premises when fire accident happens
Coworking spaces are usually situated in industrial buildings. There may be a risk of failure to evacuate due to blocked escape routes, inadequate fire safety measures and structural limitations. This may result in casualties in fire accidents.
Fire Safety Liability
It is the responsibility of the person having control to ensure that all necessary and appropriate arrangements are in place to deal with the safety of persons on the premises in the event of fire.
According to Schedule 1 of the Fire Safety (Buildings) Ordinance (Cap.572):
- Automatic sprinkler system
- Fire hydrant and hose reel system
- Manual fire alarm system
- Emergency lighting (common areas & non-common areas)
- Automatic cut-off device for mechanical ventilating system
- Means of escape
- Fire resisting construction
- Means of access for firefighting and rescue
Mitigation Solutions for Fire Safety Risks
Develop Emergency Plans
- Create comprehensive emergency plans that outline evacuation procedures, assembly points, and emergency contacts
- Ensure that these plans are communicated to all users in the coworking space through signage and digital communication channels, such as Whatsapp, Signal etc
Install and Maintain Emergency Systems
- Install and maintain fire detection and alarm systems, including smoke detectors, fire alarms, and sprinkler systems
- Regular tests to ensure proper working conditions
- Provide easy access to fire extinguishers and ensure all users are familiar with their locations
Conduct Regular Emergency Drills
- Organise and practise emergency drills and evacuation exercises with your occupants
- Let users familiarise with escape routes, assembly points, and proper evacuation procedures
Provide Clear Signage
- Ensure that the space has clear and visible signage indicating emergency exits, evacuation routes, and assembly points
- Use internationally recognized symbols and provide directions in multiple languages if necessary
READY?
Looking to safeguard your legal responsibilities? Utilise our Co-working Space Contract Generator for added assurance!
Disclaimer: Nothing in this website is intended to be nor should be construed as legal advice. This is an educational project created by students. Please consult your lawyer for legal advice.