Schedule of condition for a commercial roof before you sign a lease
Updated 23 October 2026 · SEO Dons Editorial
What is a schedule of condition, and why does the roof matter?
A schedule of condition is a record of a building's state, agreed between landlord and tenant before a lease starts. The RICS Code for leasing business premises says it is "to be referred to in the lease and attached to it or kept with it", and may be "a written description of the state of the property or a set of photographs, or both".
The record matters because of the default position. The code says that unless the parties specifically agree otherwise, the fact that premises were in poor condition when the tenant took them on "is largely irrelevant", and that a covenant to repair "may by legal implication include an obligation to undertake any repairs necessary at the time the tenant signs the lease". A roof is a large element that is hard to judge from the ground, so a dated record of it on day one is worth the effort.
How does a schedule of condition limit later claims?
The code describes a common limitation: "the tenant need not repair existing disrepair", sometimes expressed as "not having to improve the condition of the property or hand it back in any better condition than that in which it was let". The schedule is what shows the starting point. At the other end, the Dilapidations Protocol measures a landlord's schedule against the state the property "would have been if the tenant" had complied with its covenants, so a covenant limited by an agreed record gives the tenant something concrete to answer with. The claims side is set out in flat roof dilapidations at the end of a commercial lease.
A schedule has limits of its own. The code warns that excluded items do not automatically become the landlord's job: "If neither party is liable to repair certain defects, they may be left unrectified". Where the premises cannot sensibly be used with such disrepair, "such as a leaking roof", it says the tenant "should try to impose an obligation on the landlord to repair those particular defects itself within an agreed timescale". Who bears roof costs during the lease is covered in who pays for a commercial roof.
What should a roof schedule of condition contain?
The code does not prescribe roof content, so the list below is practical guidance on what a later reader will want to see. Dated photographs keyed to a roof plan are more useful than general views.
| Element | What to record | Why it helps later |
|---|---|---|
| Covering | Type of system, seams and laps, blisters, splits, patches, surface wear | Shows which defects pre-date the lease |
| Details | Upstands, flashings, copings, parapets, penetrations, plant plinths | Shows whether a later failure is new or old |
| Drainage | Outlets, gutters, overflows, ponding marks, standing water on the day | Separates a drainage fault from wear on the covering |
| Rooflights and access | Rooflight type and condition, hatches, edge protection, ladders | Records safety-critical items and who maintains them |
| Interior evidence | Stains, patched ceilings and wet areas below the roof | Links the roof's condition to what can be seen inside |
| Intrusive findings | Test-cut and moisture results, if the landlord agrees to them | Records the build-up and whether the insulation is wet |
Intrusive work needs the landlord's consent, and on an older roof the asbestos position comes first (see asbestos in old roofing felt). The survey methods behind such findings are compared in roof survey types and scope.
Who prepares it, who pays, and when?
The code says that where repairing obligations are to be limited to the initial condition, "a schedule of condition will normally be required and the parties should agree which party is responsible for the cost of obtaining it". It adds that "A formal photographic schedule of condition can be prepared by a firm of surveyors, although some tenants may choose to undertake this task themselves", in which case they should "have the photographs dated and agreed by the landlord and keep a set with the lease documents".
Timing matters too: "any required schedule of condition should be prepared in sufficient time before the grant of the lease to allow the parties to check and agree it as being an accurate record". For a roof, a surveyor or a roofing specialist's condition report is usually a safer author than the tenant, for the access reason below. A tenant who wants an independent roof condition report before signing can send an enquiry through the form on this site, and the repair or replace guide shows how the same evidence is used later.
How can the roof be recorded safely?
Nobody should walk a roof to photograph it. HSE says "All work on roofs is highly dangerous, even if a job only takes a few minutes", and that "All roofs, once fixed, should be treated as fragile until a competent person has confirmed that they are non-fragile". Falls through fragile surfaces, "particularly fibre-cement roofs and rooflights", account for 22% of all fall from height fatal injuries in construction. Fragile rooflights are "a particular hazard", as some are "difficult to see in certain light conditions and others may be hidden by paint".
HSE's first step is avoidance: "Plan and organise work to keep people away from fragile surfaces so far as possible, eg by working from below the surface on a mobile elevating work platform or other suitable platform". On business premises it says contractors "should work closely with the client and agree arrangements for managing the work". In practice, the landlord's consent to access and a method statement come before any photographs. The wider duties are in fragile roofs and rooflights: owner duties.
What if there is no schedule, or the lease is being assigned?
The code says a tenant taking an assignment should bear in mind that the property's condition "may be poorer than it was at the beginning of the lease" and that, depending on the wording, the tenant "may be required to put the property back into its original condition". An assignee can ask for the original schedule, or commission a fresh record before completion. For short terms, the code says tenants "may be able to negotiate limits to their repairing obligations, especially where the premises are not in the best of repair and condition". Leases differ, and a solicitor should read the actual repairing covenant.
Sources
- Code for leasing business premises, 1st edition, RICS, published 20 February 2020, checked 22 October 2026.
- Dilapidations Protocol, Ministry of Justice, updated 30 January 2017, checked 22 October 2026.
- Fragile surfaces and Roof work, HSE, checked 22 October 2026.
Common questions
Does a schedule of condition end all dilapidations claims?
No. It limits what the repairing covenant requires by pointing to the recorded state. Other obligations, such as reinstatement or decoration, are separate, and the wording of the particular lease decides how far the schedule reaches. A solicitor or surveyor should read both together.
Is a schedule of condition worth having on a short lease?
It can be. The RICS code says tenants taking short terms may be able to negotiate limits to their repairing obligations, especially where the premises are not in the best of repair and condition. A schedule is how that limit is evidenced.
Can a tenant photograph the roof personally?
The code accepts that some tenants prepare their own photographic schedule, but a roof is different. HSE treats every roof as fragile until a competent person confirms otherwise, so photographs should be taken from a safe position or by a competent contractor with agreed access.
What if the landlord will not agree a schedule?
The tenant can still keep a dated record and raise the point in negotiation, because the code says the parties should agree who pays for a schedule when one is needed. Take advice on whether the term, rent and repairing wording are acceptable without one, since poor starting condition is otherwise largely irrelevant.