Welcome to our Commercial area.

Powered (automatic) gates (barriers and doors) located in 'workplaces' are subject to a number of specific legal requirements. These will include requirements for:

design, manufacture, supply and installation under the Supply of Machinery (Safety) Regulations 2008;

and inspection and maintenance under the Workplace (Health, Safety and Welfare) Regulations 1992.

There will also be general requirements under the Health and Safety at Work etc Act 1974 in relation to risks to third parties (non-employees).

Powered (automatic) gates for use on private domestic premises must comply with the Supply of Machinery (Safety) Regulations 2008 when first installed.

Unless you've been working on the gate, the 'owner' of the gate has to ensure that the gate is safe and without risks to others. The 'owner' here includes landlords or managing agents with responsibility for the gate. If the owner thinks the gate is unsafe, he should take steps to make it safe, for example, by engaging a competent person to install safety mechanisms or protective devices. Meanwhile, for safety, it should be switched off, or only used safely in a supervised way, eg under direct hold-to-run control.

If you've been working on the gate, eg installing, repairing, maintaining the gate, then you are responsible for ensuring it is left in a safe state. You should discuss your concerns with the gate owner so that they can take action to put things right.

Health and safety law doesn't apply to you. But it is a good idea to have regular checks carried out on the gates in accordance with the manufacturer's instructions. This is particularly important where the gate may affect the safety of third parties, such as passers-by, children or visitors. As with other contractors, you'll need to check that they are competent to carry out any work/inspections that you ask them to do.

Please note that anyone undertaking a 'work activity' on a domestic powered gate (eg repairs, checks, adjustments, servicing) will be subject to health and safety law. For further details see Powered Gates: Responsibilities.