Gas Safety Checks – the Essential Guide for Landlords for 2024

Gas has become the most vital item for every household, over the years, all around the world. Not only households but also commercial and industrial units use gas as a major source of energy. Gas is mostly supplied directly to the end users through pipelines. However, it is also available in cylinders and bottled form for use in remote areas where a direct gas supply is not possible. Gas is primarily a very safe energy source.

At the same time, it is considered to be the most economical and efficient energy. The main function of gas is to produce heat, which is used for various purposes in homes, and commercial and industrial properties. While it is used for cooking and heating in households and commercial entities, it has a wide range of utilization in industries, as well.

However, the main problem area is domestic and non-domestic properties regarding the safety of occupants against the potential risks associated with gas. Several fire and gas explosion incidents occur every year in the UK, involving loss of assets and injuries to occupants of the affected properties. So, the authorities in the UK have formulated various rules and regulations to achieve zero-risk utilization of gas in homes and commercial units. These rules and regulations are commonly known as Gas Safety Regulations.

Gas Safety Regulations in the UK

Apart from the risk of fire and explosions, the major concern is the emission of a very harmful gas known as carbon monoxide. Carbon monoxide is a byproduct of incomplete or faulty gas combustion. It is quite dangerous for human health and may lead to more serious consequences if left unattended.

Because of the severity of the risks associated with gas, the authorities in the UK introduced Gas Safety (Installation and Use) Regulations in 1998. This was a comprehensive law governing and regulating almost all aspects of the use of gas, including the safety of people and properties. This law came into force on the 3rd of October 1998. Per the provisions of this law, landlords were made legally responsible to ensure the safety of their tenants against the risks associated with the use of gas. So, the landlords must inspect their rented-out properties for gas safety and get a gas safety certificate.

Amendment to Gas Safety Regulations 1998

As per the Gas Safety (Installation and Use) Regulations 1998, the validity of the landlord gas safety certificate was set exactly 12 months from the date of issuance. But practically, it created a lot of confusion. Just see the example below.

• The landlord got the inspection of his property done in January 2021.
• He was given a gas safety certificate on 15th January 2021, which is valid for 12 months.
• The expiration date of this certificate was to fall on 14 January 2022.
• The landlord got it renewed on 20th December 2021, per his convenience and given the availability of a gas safety engineer.
• As per the law, the next expiry date will be 19th December 2022, instead of 14th January 2023.
• In this way, the expiry of every renewal would practically be reduced each time.
• It was observed that the landlords were practically compelled to conduct 11 inspections in 10 years.

Hence the law was amended in 1018 to provide more flexibility in subsequent renewals of gas safety certificates. The amendment is known as "Gas Safety Regulations (Installation and Use) – (Amendment) 2018 (The Regulations)”.

So, after this amendment, the landlord, as referred to in the above example, will be at liberty to get the renewal done at any time within the last two months of the currency of the existing certificate, while the expiry date will remain constant. That means the next expiration, in the above example, will be 14 January 2023, irrespective of the date of the gas safety inspection.

Who is the landlord?

A landlord can be defined as a person who owns a property. The Gas Safety (Installation and Use) Regulations 1998 defines the term landlord as a person who lets his property to someone else. This may be a residential property, holiday accommodation, or a rental room. Residential properties may include housing societies, hotels, and private ownership. Flats, cottages, and caravans come under the definition of holiday accommodation, whereas room rentals may include bedsits and private households.

The term landlord applies to the following categories, per the Gas Safety Regulations 1998 provisions.

• Short Term – If a person lets his property for less than 28 days, he will be referred to as Short Term Landlord.
• Long Term – When you rent out your property for a period ranging between 28 days to 7 years, you will be termed as a long-term landlord.
• Long Term – When the tenancy is more than 7 years, it will also be a type of long-term landlord, but here the duties as landlord will apply as an implied tenancy.
• Letting or Managing Agent – Also referred to as "Agent.” An agent's responsibilities are the same as a landlord's for implementing the Gas Safety (Installation and Use) Regulations 1998.

So, anyone under one of the above categories will be considered a landlord for implementing gas safety regulations, especially concerning annual gas safety inspections for getting the CP12 or gas safety certificate. The landlords must arrange annual inspections of their properties for gas safety. This has to be done by a qualified gas engineer registered with the Gas Safe Register.

What is the Gas Safe Register?

The gas safe register is responsible for registering qualified gas safety engineers in the UK who are authorized to conduct annual gas safety inspections. Before its inception in 2009, this was being done by the Council of Registered Gas Installers, popularly known as CORGI.

Since 2009, the CORGI no longer exists and has been replaced by the Gas Safe Register. The official website of the Gas Safe Register maintains the credentials of qualified gas engineers. The engineers listed on the gas safe register are authorized to conduct gas safety inspections and are also authorized to issue gas safety certificates to the landlords.

So, being a landlord, it is your responsibility to inspect your property for gas safety only by an engineer whose name is listed on the official website of the gas safe register.

Landlord’s Responsibilities in 2024 - Per the Relevant Laws

The basic law regulating gas use in homes is the Gas Safety (Installation and Use) Regulations 1998. However, an amendment was made through "The Gas Safety (Installation and Use) (Amendment) Regulations 2018”.

Here's a summary of the provisions of the above-referred law, as it stands today after the amendments in 2018, concerning the duties and responsibilities of Landlords. 

• The landlords are required to ensure the safety of their tenants against the possible threats associated with the gas, such as fire, explosion, and generation of harmful gases.
• The landlords are bound to get their properties inspected for gas safety annually. A registered gas safety engineer must do this.
• Annual gas safety inspection must be conducted on all gas installations and appliances, including boilers and flues.
• This annual gas safety inspection also includes the pipework associated with the gas appliances.
• The gas safety engineer will issue a gas safety certificate if the appliances and installations comply with the gas safety standards.
• Gas safety certificates, also known as gas safety records, will remain valid for 12 months. It must be renewed before the expiry of the current certificate.
• Renewal can be done in the last two months of the gas safety certificate currency.
• The landlords are bound to provide a copy of the gas safety certificate to their current tenants within 48 hours and 28 days to their new tenants.
• The responsibility of landlords is restricted to the gas appliances they install on the rented property. They are not responsible for the safety of appliances installed by the tenants. The tenants must ensure the safety of such appliances on their own. However, the gas safety engineer should also check these appliances during annual inspections.
• If one or more of the installed gas appliances develop some fault at any time, the landlords must arrange for inspection and removal of the faults. If recommended or suggested by the engineer, you may also be required to replace the faulty appliances for the safety of the tenants.
• Routine maintenance and servicing of the gas appliances, boilers, and flues is also the responsibility of the landlords.

What is an Annual Gas Safety Check - 2024

The relevant gas safety laws impose various responsibilities on landlords concerning annual gas safety checks. Here are some useful tips that you must remember as a landlord.

1. The safety of the occupants of your property is your responsibility. Hence, a landlord must conduct a comprehensive inspection of all gas appliances by a qualified engineer who must be registered with the gas safe register. This also includes boilers and pipework linked with gas appliances.
2. The engineer will give you a landlord gas safety record, commonly known as LGSR (Landlord gas safety record). It will have complete details of the appliances installed on your property that the engineer checked.
3. The landlords must get this done annually, preferably in the last two months before the expiry of the last such inspection. The validity of this inspection is for 12 months.
4. Remember that the tenants are allowed to use gas appliances owned by them, on your property. Such appliances do not come under your area of responsibility but it is better to include them in the annual inspection to ensure the safety of your property.
5. Annual Gas Safety Check ideally comprises of:
   1. Visual inspection of gas installations and appliances, including boilers and flues.
   2. Checking gas burner pressure.
   3. Checking that the gas is burnt perfectly. This is important to avoid the emission of carbon monoxide. Carbon monoxide is generated as a result of incomplete combustion.
   4. Checking for any leakages.
   5. Examine the performance of the ventilation system.
   6. Check the working of the safety devices.
   7. Check boiler performance, including the pressure vessel.
6. Once the engineer successfully inspects all gas appliances and is satisfied that these are working as per standards, he will provide you with a digital copy of the Gas Safety Certificate. This will be valid for 12 months and will require renewal on an annual basis.
7. It is your legal responsibility to keep the gas safety record, stored safely for at least two years. It may be helpful for you in so many situations.
8. The landlord gas safety certificate will have important information such as the date of inspection, address of the property inspected, details of each appliance checked with its current status, name and identification number of the engineer who conducted the survey. Most importantly, it will also identify the faulty appliances and suggestions on how to remove the faults.
9. For the appliances that are considered not fit for use, the gas safety certificate will reflect three different codes marked against them. These are, ID, AR, and NCS.
   1. ID stands for "Immediately Dangerous" – These are unfit for use, and hence need immediate replacement.
   2. AR means "At Risk". These are also unfit for use but are at lesser risk as compared to ID.
   3. NCS denotes "Not to the Current Standards" The appliances rated as NCS can still be used but should be replaced with new ones at the earliest.
10. Your right to enter the rented premises is subject to some conditions. You need to give prior notice at least 24 hours before your planned visit to the property, especially for conducting an annual gas safety check. A written notice is always advisable, as it may help you later in case of any dispute.
11. The consequences of failure in getting a valid gas safety certificate are quite serious. It may include a fine and imprisonment of up to 6 months.
12. If the tenancy agreement is for more than seven years, the landlords are not required to provide the gas safety records to such tenants.

Conclusion

The safety of tenants against potential risks associated with the use of gas is the prime responsibility of landlords. They are required to get all gas appliances installed in their rented-out properties inspected for gas safety on an annual basis. This has to be done by the gas safety engineers registered with the gas safe register.

Landlords must keep in mind that the gas safety certificate, more commonly known as CP12, is valid for 12 months and must be renewed on an annual basis, before its expiry.