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Winter has a lot to offer, including snow, cold and slippery pavements. Winter weather also imposes obligations on property owners to ensure the safety of their surroundings.
This winter has been characterised by large amounts of snow, freezing temperatures and icy roads. The weather conditions have increased the risk of roof collapses and slippery pavements. As a property owner, you run the risk of both compensation and criminal liability if damage to people and property occurs as a result of a lack of maintenance and security measures. Depending on the circumstances, parties other than the owner may also be held liable.
This responsibility is enshrined in both laws and regulations, including local police by-laws, the Neighbourhood Act and building regulations.
Most municipalities have their own police bylaws that impose various obligations on property owners. For the most part, these contain similar provisions, but there may be some variations. Here we take the police bylaws that apply to Lillestrøm municipality as our starting point.
The police regulations stipulate that the owner must ensure that the roof is cleared as soon as possible when there is a risk of snow or ice falling from the roof onto a public place. The owner must also put up deflectors that make it clear that there is a risk of roof collapse.
According to the Building Code Regulations (TEK17), buildings must be secured so that ice and snow cannot fall in places where people and livestock may be present. This includes all areas adjacent to the building, such as roads, pavements and outdoor areas, as well as balconies and terraces that are not blocked off. It is worth noting that the regulation applies to the design and implementation of new measures under the Planning and Building Act. Existing buildings are not directly covered by the regulations.
The responsibility also includes ensuring access for users of the building and passers-by. The police regulations stipulate that the owner must clear the pavement outside the property of snow and ice after roof collapses, and that the owner must otherwise clear the pavement of snow after snowfall and grit the pavement when it is slippery.
The liability applies to all owners, such as municipalities, companies, housing cooperatives, condominiums and private individuals. If the property is owned by a limited company or housing association, the company's board will be liable. It is therefore important that the board ensures that the company has established sound procedures.
Depending on the circumstances, parties other than the owner may also be held liable. The Police Statutes expressly state that liability also applies to those who lease, use, rent or manage the property. A different apportionment of this liability may be agreed when entering into leasehold or rental agreements.
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Emil Folberg Bakken (leave of absence)
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