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Usually defined in the relevant statute (such as the Buildings Ordinance) or according to applicable case law. One test may be the degree of occupational control exercised. More than one person at the same time can have the status of occupier, and both tenants and licensees will be occupiers of property where they live. By contrast, owners of leased property will be occupiers of those areas that they have not leased by demise, and over which they have retained control (such as the Common Parts). Licensees will usually share the status of occupier with the owner. Independent contractors working on the property may also be covered by some concepts of 'occupier' if they exercise sufficient control over the premises. |
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