Specialist commercial property solicitor Aimee Evenett takes a look into the recently enacted Terrorism (Protection of Premises) Act 2025, also known as Martyn's Law.
The Terrorism (Protection of Premises) Act 2025 (“the Act”) was enacted on 3 April 2025 and is known as Martyn’s Law. It has been named in memory of Martyn Hett who lost his life in the 2017 Manchester arena terror attack alongside 21 others. The Act has finally become law after inquests into the Manchester area and London Bridge attacks and, following Martyn’s mother, Figen Murray, campaigning heavily with groups such as the Martyn’s Law Campaign Team and Survivors Against Terror. Between March 2017 and April 2025 security and law enforcement teams have disrupted 43 late-stage terror plots, and there have been 15 domestic terror attacks, showing that a broad range of public locations could be targeted. The threat level in UK is currently substantial, meaning that an attack is likely. Martyn’s Law seeks to reduce the risk of harm from acts of terrorism in locations where members of the public gather. The legislation will require the responsible person in control of a qualifying premises to ensure measures are in place to aid preparedness and reduce vulnerability to attacks.
The government intends to have a period of at least 24 months prior to Martyn’s Law being enforced, allowing time for relevant parties to understand their obligations and implement necessary measures. It is expected that the Act will come into force no earlier than 3 April 2027 and responsible persons will have until then to make sure their premises are compliant.
(a) A building (incl. part or whole, or a group of buildings) or building and other land.
(b) The use of the building/land falls under the categories in Schedule 1 of the Act which includes:
(c) it is reasonable for 200 or more individuals to be present from time to time.
(d) the premises are not exempt under the Act, such as open-air premises, parks, and gardens, with no tickets or paid entrance fees.
The responsible person is the individual, company, or authority in control of the premises in question. This could be a building owner/landowner, a tenant or licensee.
When becoming responsible for such a premises, the individuals will need to notify the Security Industry Authority (SIA) in the required time, which the Secretary of State will dictate within regulations they produce. The SIA will provide guidance and assistance but also, take enforcement action for non-compliance.
If the responsible person is contravening the requirements, the SIA can issue them with impactful sanctions such as:
Criminal sanctions can be given if a compliance notice given for an enhanced duty premises is not complied with, or a restriction notice is not complied with. If criminal charges are bought this can result in a term of imprisonment from 12 months up to two years, a fine or both!
The qualifying premises are broken down into two types:
(a) Enhanced duty premises which are expected to have 800 of more individuals present from time to time; and
(b) Standard duty premises which are expected to have between 200 and 799 individuals present from time to time.
The requirements for both types of premises include:
Enhanced duty premises owners must also:
Significant impact could be felt by any landlord or property owner, which may include local authorities, who own or lease a premises that is used by the public, such as museums, schools, leisure/community centres and travel stations; these premises are more likely to have a higher capacity and as such may be classed as enhanced duty premises.
Landlords and property owners will need to start costing up and preparing to implement measures across their sites to ensure they are ready to comply with the requirements so that they do not risk sanctions.
When purchasing a new premises, it will be important for instructed solicitors to ascertain the current and intended use of the premises and make investigations into any existing protective measures. It will also be key to ascertain that there are no existing breaches of the legislation and outstanding compliance/restriction or penalty notices for noncompliance.
Landlord’s and Tenant’s (whether local authority or otherwise) will need to allocate the responsibilities between them based on their use and degree of permanence/control each have over the property during the term. It may be that the Landlord takes responsibility for the more permanent security measures with the tenant dealing with the day-to- day protections (based on their current use).
Costs of implementing such measures will also need to be negotiated and landlords will need to consider whether the tenant will be responsible for any related costs through the service charge, or if they will cover these themselves.
Further, it will be important to make clear within the lease, that the framework will apply to the premises and must be adhered to by tenants and undertenants.
Due to the above, there will be impact to legal drafting, negotiation, and enquiries during a transaction, which must be dealt with correctly to ensure landlords and tenants clearly understand their obligations.
At Holmes & Hills Solicitors, specialist commercial property solicitors can assist with reviewing, drafting and negotiating leases that include the relevant provisions to meet the requirements, and act for individuals, companies and local authorities, purchasing or selling commercial property which may be affected by these new measures.
Call us on 01206 593933 today to speak with one of our commercial property lawyers.
Disclaimer
The content of this article is provided for general information only. It does not constitute legal or other professional advice. The information given in this article is correct at the date of publication.
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