Regulations · 3 min read · Updated 6 November 2026
Artex in flats: leaseholders, communal areas and who is responsible
Communal areas and the duty to manage
Under the Control of Asbestos Regulations 2012, whoever is responsible for maintaining non-domestic premises has a duty to manage asbestos. HSE guidance treats the common parts of blocks of flats, such as stairwells, landings, entrance halls and plant rooms, as non-domestic premises for this purpose. The freeholder, management company or managing agent must find out whether asbestos is present, assess its condition, keep a record and share it with anyone who might disturb it.
- Ask the managing agent for the asbestos register for the communal areas
- Report any damage to textured coatings in hallways or stairwells
- Do not drill, fix signs or alter communal ceilings without permission
- Contractors working in communal areas should check the register before starting
Inside your own flat
The duty to manage does not apply inside individual private homes, so there is no legal requirement for you to have a survey of your own flat. You are, however, responsible for making sure anyone working on your ceilings knows what they might be disturbing. Any textured coating applied before 2000 should be tested before it is sanded, scraped or drilled.
If the flat was refurbished by a previous owner, check any paperwork you received on purchase, as it may include a test result or details of work already done.
What your lease says
Many leases give the leaseholder the internal plaster and decorations, while the joists, floor slabs and structure between flats belong to the freeholder. Others are less clear. Skimming over Artex is usually treated as decoration, but overboarding, removing ceilings or cutting holes for downlights may be classed as alterations that need written consent.
| Work | Usually needs permission? | Why |
|---|---|---|
| Painting Artex | No | Decoration |
| Skimming over Artex | Usually no, check lease | Normally treated as decoration |
| Overboarding the ceiling | Often yes | Adds to or alters the ceiling structure |
| Removing the ceiling | Yes | Structural and fire separation implications |
| Cutting holes for downlights | Often yes | Can affect fire separation between flats |
Fire safety between flats
The ceiling of a flat often forms part of the fire separation between homes. Removing ceiling boards, cutting large holes or replacing a ceiling can reduce that protection. Any work beyond decoration should keep the ceiling's fire resistance, for example by using fire-rated downlights and suitable plasterboard. If you are unsure, ask the managing agent or a building control body before work starts.
Working considerately near neighbours
- Check the building's rules on working hours and noise
- Tell neighbours above, below and next door when work is planned
- Book the lift or protect the stairwell if materials are being carried through
- Agree with the managing agent where waste can be stored before collection
- Keep doors to the communal hallway closed while work is in progress
Skimming creates little dust because nothing is sanded, which makes it well suited to flats. Full removal involves more mess and, if the coating contains asbestos, careful containment, so it needs more planning in a shared building.
Landlords letting flats
Landlords letting a leasehold flat should check both the lease and the building's asbestos records before arranging work. Doing Artex skimming during a void period avoids disruption for tenants. Keep any test results and records of work with your property file, and pass relevant information to future contractors.
Practical steps before work starts
- Read the lease, especially the clauses on alterations and repairs
- Ask the managing agent whether consent is needed and how to apply
- Ask for any asbestos information on the communal areas
- Have the coating in your flat tested if it was applied before 2000
- Get written quotes that set out the method, protection and waste handling
- Agree access, parking and working hours with the building management
- Tell neighbours when work will take place
Leaving enough time for consent and testing is the best way to avoid delays. Managing agents often take several weeks to respond to requests for consent, particularly where the freeholder has to approve the work.
If you are buying a flat, ask your solicitor to raise questions about asbestos in the communal areas and whether the managing agent holds an asbestos register. Knowing the position before exchange avoids surprises if major works are planned and the cost is shared through the service charge.
Frequently asked questions
Who pays to remove Artex in a block's stairwell?
Communal areas are normally maintained by the freeholder or management company, and the cost is usually recovered from leaseholders through the service charge, depending on the lease. Major works above a set threshold usually require a formal consultation with leaseholders before they go ahead. Ask the managing agent whether any work is planned and how it will be funded.
Do I need the freeholder's permission to skim my Artex ceiling?
Usually not, because skimming is normally treated as decoration, but it depends on the wording of your lease. Overboarding, removing ceilings or cutting holes for downlights are more likely to need written consent. Read the alterations clause or ask your managing agent before booking, as working without required consent can cause problems when you sell.
Can I see the asbestos register for my building?
The person responsible for the communal areas must keep a record of the location and condition of any asbestos and make it available to anyone who might disturb it, such as contractors. Leaseholders can ask the managing agent for information about the communal areas. It will not usually cover the inside of individual flats.
flats leaseholders communal areas duty to manage
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