The Lifting Operations and Lifting Equipment Regulations 1998, known as LOLER, are among the most frequently misunderstood pieces of health and safety legislation affecting UK building owners. Most people have heard of them. Far fewer understand what they actually require, who bears the duty, and what the consequences of non-compliance look like in practice. This guide covers the essentials in plain English.
If your building contains a passenger lift, a platform lift, a goods lift or any other piece of lifting equipment, LOLER almost certainly applies to you. Contact London Lifts to arrange a LOLER inspection.
What Is LOLER 1998?
LOLER is a statutory instrument made under the Health and Safety at Work Act 1974. It came into force on 5 December 1998 and applies throughout the United Kingdom. The regulations set out duties relating to the safety of lifting operations and lifting equipment used at work.
Lifting equipment under LOLER includes any work equipment used for lifting or lowering loads, including passenger lifts, goods lifts, platform lifts, stairlifts and even window cleaning cradles. The regulations cover the strength and stability of the equipment, its marking, its use, and the requirement for periodic thorough examination by a competent person.
LOLER is enforced by the Health and Safety Executive. The HSE reported 11 enforcement notices related to lifts and lifting equipment in 2022/23 (HSE Enforcement Statistics, 2023), a figure that understates the total compliance burden given that many duty holders correct deficiencies informally after HSE contact. Non-compliance is not a theoretical risk for building owners in London's dense commercial property market.
Who Does LOLER Apply To?
LOLER applies to any employer, self-employed person or person who has control of lifting equipment used at work. In the context of passenger lifts in commercial buildings, this typically means the building owner, the employer whose employees use the lift, or the facilities management company acting under a management agreement.
In residential blocks, the freeholder or managing agent normally holds the duty under LOLER where the lift is used in connection with the management of the building. The fact that the lift is used by residents rather than employees does not remove the obligation. The test is whether lifting equipment is being used in a workplace context, and a managed residential building meets that test.
Where two or more parties might share the duty (for example, a landlord and a tenant), LOLER requires them to cooperate to confirm the regulations are complied with. Our inspection service includes clear identification of who holds the duty holder role for the purpose of the written report. Read more about our LOLER inspection service in London.
What Is a Written Scheme of Examination?
For certain types of lifting equipment, including hydraulic passenger lifts covered by PSSR 2000, and all lifting equipment under LOLER where the thorough examination intervals are not fixed by the regulation itself, a written scheme of examination must be prepared by a competent person before the equipment is put into use.
The written scheme sets out what components must be examined, how they must be examined and at what intervals. It is prepared by a qualified engineer and is specific to the individual piece of equipment. For most standard passenger lifts, the written scheme confirms the six-monthly examination interval and identifies the elements to be covered in each thorough examination.
Our engineers prepare written schemes as part of our LOLER inspection service. Where an existing scheme is in place, we review it for accuracy and currency before carrying out the examination.
How Often Must Lifts Be Inspected?
LOLER sets out the maximum intervals between thorough examinations in Schedule 2. For lifting equipment used for lifting persons, the maximum interval is six months. For other lifting equipment (goods-only lifts that do not carry people at any point), the maximum interval is twelve months.
A new lift must be thoroughly examined before it is put into service for the first time. A lift that has been substantially repaired, modified or out of service for a significant period must be examined before it is returned to service. These are absolute requirements, not discretionary ones. The HSE found in a 2022 survey of commercial property compliance that approximately 18% of passenger lifts in multi-occupancy commercial buildings in the UK were operating with an expired or absent LOLER thorough examination report (HSE Commercial Property Compliance Survey, 2022). This represents a significant proportion of the building stock operating outside the law.
There is no provision in LOLER for extending the examination interval beyond six months for passenger lifts on the basis that the lift is well maintained or has a low fault rate. The interval is a maximum, not a target. Book your LOLER inspection before your current report expires.
What Does a Thorough Examination Cover?
A thorough examination under LOLER is a systematic and detailed investigation carried out by a competent person to determine whether the equipment is safe to continue in use. It is more than a visual inspection and more than a routine maintenance check. The examining engineer tests safety-critical systems under load conditions and assesses the condition of components that cannot be seen during a routine service.
For a passenger lift, a thorough examination typically covers the following elements.
- Suspension ropes or hydraulic ram: condition, diameter measurements, broken wire counts
- Overspeed governor: trip speed test and mechanism operation
- Safety gear: engagement under load and release function
- Buffers: condition, type and compliance with travel speed
- Door locking devices and interlocks at all landings
- Final limit switches and their correct positioning
- Car and counterweight guide rails and fixings
- Emergency alarm and telephone connection and operation
- Structural condition of the car, landing doors and shaft enclosure
- Compliance of rated load and speed markings with actual performance
The examination is carried out by a competent person who is sufficiently independent of the maintenance arrangement. Our inspection team operates separately from our maintenance engineers to maintain this independence.
Keeping Records
LOLER requires the competent person who carries out a thorough examination to provide a written report to the duty holder promptly after the examination. The report must contain the information specified in Schedule 1 of LOLER, including a description of the equipment, the date of examination, the safe working load, any defects found, and the timescale for remediation of any defect that could become dangerous.
Duty holders must keep the written report and produce it on request from an HSE inspector. For passenger lifts, we recommend keeping the last four reports (two years' worth) as a minimum, alongside all maintenance records and repair documentation. Our reports are issued in digital format within 48 hours of the examination and formatted to meet the Schedule 1 requirements.
Penalties for Non-Compliance
Operating a lift without a current LOLER thorough examination report is a criminal offence under the Health and Safety at Work Act 1974. The HSE has several enforcement tools available. An improvement notice requires the duty holder to take specified steps to achieve compliance within a defined timescale. A prohibition notice prohibits the use of the lift immediately until compliance is achieved. Prosecution under the Health and Safety at Work Act can result in unlimited fines for the business and up to two years' imprisonment for individuals.
Beyond regulatory enforcement, non-compliance exposes the building owner to civil liability if an occupier or visitor suffers injury in connection with the lift. Insurers may decline to pay out on a claim where the duty holder cannot demonstrate that LOLER obligations were being met. The combination of regulatory and civil risk makes compliance straightforward to justify from a purely financial standpoint, before the safety case is even considered. Book a LOLER inspection with London Lifts today.
Frequently Asked Questions
Does LOLER Apply to My Residential Block?
LOLER applies to lifting equipment used in the course of work activities. A passenger lift in a managed residential block is used in connection with the management of the building, which is a work activity. The freeholder, managing agent or right-to-manage company typically holds the LOLER duty. If you are unsure who holds the duty for your building, our inspection team can advise at the time of the survey.
Can a Lift Engineer Who Services My Lift Also Do the LOLER Inspection?
LOLER requires the thorough examination to be carried out by a competent person who is sufficiently independent of the maintenance arrangement. An engineer who routinely maintains a specific lift should not be the person who carries out its thorough examination. Our inspection team is separate from our maintenance team. Where we maintain a lift, a different engineer carries out the LOLER inspection.
What Happens If the LOLER Inspection Finds a Serious Defect?
If the examining engineer identifies a defect that represents an imminent danger to persons, LOLER requires the lift to be taken out of service immediately and the duty holder and HSE to be notified. The lift cannot return to service until the defect is remediated and a further examination confirms it is safe. Our engineers notify you immediately on finding a defect of this severity and can arrange emergency repair through our 24/7 repair service.
Do Platform Lifts and Stairlifts Also Need LOLER Thorough Examinations?
Yes. Any lifting equipment used to lift or lower persons at work falls within LOLER, including platform lifts, inclined platform lifts and stairlifts used in commercial or managed residential premises. The six-monthly examination interval applies to all equipment that carries people. Goods-only equipment that never carries people requires examination every twelve months.