With the installation of domestic CCTV systems, including devices like Ring doorbells or cameras, becoming more prevalent both freeholders and leaseholders have questions about the legality of it from both sides largely because these systems inevitably capture images and potentially audio recordings that fall under GDPR and data protection rules.
In this article, we explore when leaseholders and freeholders can and can’t install CCTV, especially in communal areas like car parks, shared hallways, lifts, and outdoor spaces.
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Can leaseholders install CCTV?
As a leaseholder, your rights over common areas in a building, like shared hallways, are limited. Therefore, installing anything in these areas, including exterior cameras, may require consent from the freeholder and other tenants may have the right to request enforcement of the lease conditions by the landlords.
From a data protection perspective, leaseholders can install CCTV systems, including devices like Ring doorbells, at their flats. However, they must understand the legal responsibilities, especially on data protection under GDPR.
Normally, domestic CCTV is not usually covered by the Data Protection Act. But if a camera records beyond your property boundaries, like your neighbour’s front door or communal areas, it might be. This doesn’t mean you’re breaking the law if you install CCTV, but you might need to register as a data controller with the ICO, which costs £35 per year.
Data controllers must know that individuals can request a copy of footage if their data is collected, including video or sound recording.
If leaseholders don't follow the rules as data controllers, they could get fined by the ICO, and affected parties might claim compensation. Therefore, it’s advisable to speak to the ICO before installing CCTV or registering as a data controller to clarify the rules as per your situation.
Alternatively, leaseholders could ask the freeholder or managing agent to install block-wide CCTV in communal areas. This can help reduce disputes and ensure everyone follows the rules.
Can council tenants or leaseholders install CCTV?
Council tenants and leaseholders can put up CCTV to protect their property. But they need to follow council rules.
If they don't use CCTV properly, they might break their lease or tenancy agreement. In serious cases, they could get reported to the police or face action from the Council.
Usually, guidelines on installing CCTV at council properties include:
Getting permission before installing CCTV
Reporting concerns about crime or anti-social behaviour as soon as possible
Only using CCTV for domestic purposes, like improving personal security
Not using CCTV to look at neighbouring properties and making sure it is not intrusive or used to harass other
Ensuring CCTV only covers the property and not shared spaces as far as reasonably possible
Follow data protection rules, including using signage to explain the purpose of recording and how someone can get a copy of the recordings.
Can landlords or freeholders install CCTV in communal areas?
Landlords or freeholders can install CCTV in communal areas of properties like lobbies, stairways, and car parks. However, before they do, it’s a good idea for them to explore alternative methods for monitoring communal areas first.
If CCTV is deemed to be the best course of action landlords have to:
Give a written statement explaining the purpose of the CCTV and justifying the need for it
Display prominent signs indicating CCTV recording, the data controller’s identity, and contact information.
Record only essential footage.
Store recording securely and limit access.
Delete recordings when no longer necessary, unless required for legal disputes.
Register with the ICO as a data controller.
Delete requested recordings within one month, unless legally required to retain them.
Justify any online uploads or streams of CCTV footage with written consent.
Landlords should avoid installing CCTV cameras in areas that invade tenants' privacy. Additionally, recording audio without strong justification is typically considered unreasonable.
How can Lawhive help?
At Lawhive, we understand the complexities surrounding CCTV systems, especially for leaseholders and freeholders.
If you’re a leaseholder, whether you can install CCTV at your flat or not depends on your lease terms and whether the freeholder needs consent or not. Further, leaseholders must understand their legal responsibilities under GDPR and data protection laws. Our expert property solicitors can help you understand this and minimise the risk of disputes.
Landlords and freeholders seeking to install CCTV in communal areas can benefit from the expertise of our network of lawyers in exploring alternative monitoring methods and ensuring compliance with data protection laws if CCTV is identified as the best choice. We can assist you in drafting policies, registering with the ICO, and implementing security measures to safeguard privacy rights.
For more information, contact us today. Our Legal Assessment Specialists are on hand to discuss your requirements and provide you with an affordable fixed-fee quote for the services of the best lawyers in our network for your case.