Martyn’s Law – risks and implications for real estate professionals

Martyn’s Law, officially known as the Terrorism (Protection of Premises) Act 2025, has predominantly garnered attention in the world of sport and entertainment since it gained Royal Assent on Thursday 3rd April – but it also has significant impact on both the retail and real estate sectors. The government now intends for there to be an implementation period of at least 24 months before the Act comes into force. 1

The legislation is named in memory of Martyn Hett, one of the 22 victims of the 2017 Manchester Arena attack, and introduces new legal duties for property owners and event organisers to assess and mitigate terrorism risks.

In essence, it aims to increase security measures and heighten awareness of potential threats in public spaces, with a tiered approach to compliance, based on a venue’s size and capacity.

How does it apply in the retail and real estate sectors?

The law applies to public premises with a capacity of 200 or more individuals – bringing shopping centres and large stores into the equation.

For venues with a capacity of more than 800, there are increased responsibilities in what is described as a tiered regulatory framework.

In retail terms, it may better to think of those numbers as footfall – although capacity certainly relates to spaces that host events; for instance, concerts, food festivals, pop-up community events or popular product launches.

Two-year period to prepare

Although the legislation has been passed, the government has decided to implement a two-year period before it becomes compulsory – in order to provide time for property owners to prepare.

However, as Karen Howard of law firm Irwin Mitchell explained in an article in The Retail Bulletin, it doesn’t mean the requirements of the Act should be put on the backburner.

She said: “As we enter the 24-month implementation period, it is essential for retailers to grasp the implications of this law and begin strategising for its requirements. Retailers, alongside venues operating in entertainment, food and drink, and other qualifying sectors, will need to assess their vulnerabilities and implement necessary security protocols.” 2

Here we analyse exactly what it means to the industry through six steps to take, now that Martyn’s Law is here:

1 Assess what tier your property falls into

There are different requirements and responsibilities depending on which tier a property is classified under – Standard or Enhanced Tier.

Standard premises, which expect footfall of between 200 and 799 individuals, must establish public protection procedures for any potential terrorist incidents, including evacuation and lockdown plans.

Enhanced duty premises, with potential footfall of 800 or more individuals, must in addition develop far more comprehensive security measures to mitigate the risks associated with a terrorist attack.

2 Assess where the responsibility lies for your property

A review of lease agreements may be necessary to clarify where compliance responsibilities lie for each building. This is particularly relevant if the property is multi-tenanted.

3 Understand the exact measures required and how to implement them

For Standard Tier (200-799 capacity) this could include providing employees with terrorism awareness training and creating basic emergency response plans.

The requirements in this tier are centred on simple, low-cost activities designed to ensure those working at premises or events are better able to reduce harm, and save lives, in the event of an attack.

These could be as simple as locking doors, closing shutters and identifying safe routes to cover. There is no requirement to put in place physical measures in the standard tier.

For Enhanced Tier (800+ capacity) it will include far more comprehensive security strategies that include undertaking regular risk assessments, compliance documentation, and investing in physical security and enhanced protective measures.

For example, appropriate measures for the enhanced duty for premises and events could include bag search policies, CCTV or other monitoring and vehicle checks.

It also requires the designation of a senior person to be responsible for ensuring compliance.

In many cases, collaboration between occupiers, landlords, property managers and even local authorities will be crucial to ensure full compliance in the higher tier.

A note on calculating capacities

According to the latest guidance from Protect UK, a trusted and reliable source of free counter terrorism protective security and preparedness advice: 

Standard tier premises are classed as qualifying premises where it is reasonable to expect that between 200 and 799 individuals may be present from time to time.

Enhanced tier premises are classed as qualifying events, i.e. qualifying premises and events where it is reasonable to expect more than 800 individuals to be present from time to time.

The reference to “from time to time” reflects the fact that many types of premises will experience fluctuations in the number of individuals that they host and may have more than 200 or 800 individuals from time to time. The thresholds may be met only on certain nights of the week, or at certain times of the year, but can overall be considered to be met “from time to time”.

Engaging with police and counter-terrorism professionals will help you to align site-specific plans with regional and national strategies.

Further reading can be found on the Protect UK website here:

https://www.protectuk.police.uk/martyns-law/martyns-law-overview-and-what-you-need-know

4 Ensure record keeping is a major focus

As with most mandatory requirements, such as fire or health and safety compliance, documentation is crucial – and a requirement for insurance policies, too.

Keep thorough records of all training, emergency procedures and risk assessments to demonstrate compliance. Inspections are likely to be an inevitability.

5 Prepare ahead of time

The government has indicated a 24-month transition period before the Act comes fully into force, which provides a big opportunity to prepare and become compliant.

It is a valuable window for property owners, managers and real estate professionals to assess their portfolios, plan upgrades and allocate necessary resources.

As Danny Lamar, Health and Safety Director at Workman explained in an authored article in Retail Magazine, there is a benefit in taking a positive attitude to the challenge.

He said: “Martyn’s Law represents a seismic shift in how the property sector thinks about safety in public spaces. This is both a challenge, and an opportunity to raise the bar in public protection.”3

6 Appoint the right person to oversee compliance and be aware of the responsibilities

It is important to consider these are legal duties for property owners and event organisers - they are not optional.

The Security Industry Authority (SIA) will oversee compliance and provide guidance. Inspections are likely, with reputational risk for those who fail to the provide the security that customers and the public will grow to expect as standard.

Persons responsible for standard tier premises will be required to:

• Notify the regulator, the Security Industry Authority (SIA), that they are responsible for their premises.
• Have in place, so far as reasonably practicable, appropriate public protection procedures that could be reasonably expected to reduce the risk of physical harm being caused to individuals if an attack were to occur there or nearby.

Persons responsible for enhanced tier premises and qualifying events will be required to:

• Notify the SIA that they are responsible for the premises or event.
• Have in place, so far as is reasonably practicable, appropriate public protection procedures that could be expected to reduce the risk of physical harm being caused to individuals if an attack were to occur there or nearby.
• Have in place, so far as is reasonably practicable, appropriate measures that could reasonably be expected to reduce the vulnerability of the premises or event to an act of terrorism occurring – and the risk of physical harm being caused to individuals if an attack were to occur there or nearby.
• Document the public protection procedures and measures in place, or proposed to be put in place, and provide this document to the Security Industry Authority.

If you require any guidance or have a specific query on any of the issues above, relating to your insurance package or risk management programme, please get in touch:

David Sabine, Divisional Director of Real Estate Practice

e. [email protected]

t. 07719 939 881

1  https://homeofficemedia.blog.gov.uk/2025/04/03/martyns-law-factsheet/#:~:text=The%20Terrorism%20(Protection%20of%20Premises,on%20Thursday%203%20April%202025

2  https://www.theretailbulletin.com/general-merchandise/irwin-mitchellenhanced-security-in-retail-what-martyns-law-means-for-the-industry-11-04-2025/

3 https://www.a1retailmagazine.com/latest-news/how-does-martyns-law-affect-retail-property-owners/