Gas Safety Compliance for Multi-Tenant Commercial Buildings

Compliance with Gas Safety regulations in commercial buildings involves several factors. One of the main aspects of gas safety compliance is the nature of a commercial building. Generally, a commercial building can be of two types: single-occupancy or multi-occupancy. A single-occupancy commercial building is one where the entire premises are rented or leased to a single business. 

On the other hand, a multiple-occupancy commercial building is leased or rented to more than one independent business. The gas safety compliance of both these types of commercial buildings differs in many ways. A multi-tenant commercial building is specifically designed to accommodate multiple companies, entities, and organizations within the same property. 

It may include different offices, retail outlets, or any other individual businesses or commercial units. Each one occupies a separately maintained part of the same building, either on the same floor or on different floors. Gas safety in multi-tenant commercial buildings is entirely different from that in single-tenant buildings. It involves some critical property management factors.

Unlike a single-tenant building, gas safety is the joint responsibility of landlords, property management individuals or companies, and the tenants. Each one has to play a role in the successful compliance with the rules and regulations governing such commercial buildings, including the gas safety compliance. The relevant laws and regulations clearly define their roles and responsibilities.

Regulations Applicable to Gas Safety Compliance in Multi-Tenant Buildings

The rules and regulations governing Gas Safety include the following:

Gas Safety (Installation and Use) Regulations 1998

This is the fundamental law that governs the safety of gas in both residential and commercial properties. Under this law, rented properties that use gas are required to be Gas Safe. The landlords are legally bound to keep the gas appliances in a safe condition at all times. They are also required to conduct an annual gas safety inspection on the gas appliances to ensure they are safe for use. On successful completion of the annual gas safety inspection, the Gas Safe registered engineer issues a commercial Gas Safe certificate (CP42) for commercial properties. 

In the case of multi-tenant buildings, landlords and property managers are responsible for ensuring compliance with gas safety regulations. Additionally, the tenants (business owners) are also responsible for ensuring compliance with the Gas Safety (Installation and Use) Regulations 1998. 

The Health and Safety at Work Act 1974

Primarily, this Act defines and imposes the responsibility on the landlords and the business owners to ensure the safety of employees and other occupants in workplaces and rented properties. Accordingly, employers, who are tenants in the case of multi-tenant commercial buildings, are equally responsible under this law to ensure the safety of their employees by following the parameters set for gas safety in workplaces.

Part J of the Building Regulations 2010

The Building Regulations of 2010 apply to new build properties, extensions or refurbishments of existing properties, and the installation or replacement of gas appliances. Part J of these regulations addresses combustion appliances and fuel storage systems (including gas, oil, and solid fuels), as well as the safe and correct installation of these systems. It also covers the ventilation aspects of the properties. Combustion appliances include boilers, heaters, and fireplaces.

These regulations cover the following essential factors related to gas safety:

• Protect from fire risks from heating appliances.
• Ensure adequate ventilation to prevent the accumulation of carbon monoxide, which can cause CO poisoning.
• Proper storage of fuel, including gas, oil, and solid fuels such as biomass. 
• Prevention of leaks and explosions in the stored fuel.
• Safety of occupants/employees from hazards associated with combustion.

Accordingly, these regulations apply to developers, owners, landlords, and employers. 

The Regulatory Reform (Fire Safety) Order 2005

This order binds the landlords and business owners to conduct a fire risk assessment, which also includes consideration of gas safety.

The Management of Health and Safety at Work Regulations 1999

These regulations require a Risk Assessment of hazards associated with gas. The landlords and business owners are responsible for complying with these regulations. 

All the above regulations are mandatory for commercial properties having multiple tenants. The landlords, property managers, and tenants are equally responsible for the compliance of these rules and regulations.

Gas Safety Compliance for Multi-Tenant Commercial Buildings – Roles and Responsibilities 

Gas safety compliance for multi-tenant commercial buildings is the collective responsibility of Landlords, Property Managers, and Tenants. Each one has its area of responsibility, with the common aim being the safety of people and property, as well as compliance with applicable rules and regulations.

• Responsibilities of Landlords and Property Managers

The landlords and the property managers of a multi-tenant commercial building are jointly responsible for ensuring the safety of the occupants and strict compliance with the relevant regulations. 

The scope of their role and responsibilities is summarized here:

• Annual Gas Safety Check– They are legally bound to ensure that the property is gas safe. For this purpose, they need to conduct the annual commercial gas safety inspection, which leads to getting a Commercial Gas Safety Certificate (CP42). They also need to provide a copy of this certificate to the tenants within 48 hours of issuance.
• Maintenance of Gas Appliances – They are required to keep all gas appliances in the building in a perfectly maintained, gas-safe condition. It also includes boilers, flues, and gas pipework. The maintenance and annual gas safety check record must be kept in safe custody for at least two years for any future reference. 
• Tenant Awareness – They are required to keep the tenants informed of all the safety protocols in place. The gas emergency plan/strategy needs to be displayed at a prominent place for the awareness of all the tenants. 
• Immediate Resolution of Gas Faults and Leaks – The landlords and property managers are required to manage immediate and on-the-spot resolution of gas leaks and other faults. They must shut off the gas supply to the entire building instantly upon detection of a gas leak. The repair work must be arranged on an instant basis, through a qualified gas safe registered engineer, well experienced in dealing with commercial gas appliances. 
• Major Requirements in Gas Safety Inspection – The landlords and property managers are jointly responsible for ensuring the following key aspects of the annual gas safety inspection of a multi-tenant commercial property: 
  • The inspection must be done by a Gas Safe registered engineer.
  • The engineer must ensure that all the gas appliances are working properly as per safety standards.
  • The engineers need to check whether there is ample ventilation available in the building and the flues are free from any blockage.
  • They need to ensure that the gas appliances are receiving the correct gas pressure. 
• Carbon Monoxide Management – Carbon monoxide is a hazardous gas emitted from faulty gas appliances due to incomplete gas combustion. It may result in Carbon Monoxide Poisoning, which is a serious medical threat to the occupants. Landlords and property managers are required by the provisions of the gas safety regulations to install CO detectors in suitable locations within multi-tenant commercial buildings. They are also required to educate tenants about the symptoms of carbon monoxide poisoning and how to react in the event of such an occurrence. 

• Responsibilities of Tenants

Unlike a single-occupancy commercial building, tenants in a multi-tenant commercial building also have specific roles and responsibilities to comply with gas safety regulations. It includes the following:

• They need to use gas appliances while observing the safety protocols. 
• They should report the faults in any of the appliances immediately to the property management. 
• The gas safety engineer would need free access to the entire building where gas appliances are installed. The tenants must ensure to allow uninterrupted access to them at the time of the annual gas safety inspection. 
• The tenants must ensure that the gas appliances installed in their part of the building are not tampered with. 
• They are not allowed to install any unauthorized gas appliances. Hence, they must avoid doing so.

Penalties for Non-Compliance with Gas Safety Regulations

Noncompliance with the gas safety regulations by the landlords, property management, and tenants of a multi-tenant commercial property may result in penalties and legal proceedings. It may include: 

• Huge fines in case of any gas mishap.
• Imprisonment in the case of a serious gas accident, involving injuries or deaths. 
• Invalidation of Insurance.
• The landlords and property management may have to face Corporate Manslaughter Charges in the event of deaths due to their proven negligence. 

Important steps to ensure Gas Safety Compliance 

• Think about using a digital tracking system to track and record the gas safety inspections and subsequently obtain the desired gas safety certificates.
• Manage to provide proper training to staff. Ensure that all of them are well aware of the gas safety protocols.
• Make sure to have in place a proper and workable evacuation plan in the event of gas leaks. 
• Provide regular reminders to tenants about their responsibilities regarding gas safety.

Conclusion

Compliance with the gas safety regulations in a multi-tenant commercial building is a joint responsibility of landlords and property managers. Additionally, the tenants (business owners) are also responsible for ensuring that gas safety regulations are not violated by them, particularly for the appliances installed in the rented or leased parts of the building. 

The main regulation that has to be complied with, without fail, is the Gas Safety (Installation and Use) Regulations 1998, which requires landlords to conduct an annual gas safety inspection to obtain a valid Commercial Gas Safety Certificate (CP42). Additionally, compliance with other relevant laws, such as the Health and Safety at Work Act 1974 and Building Regulations (Part J), is also important, especially in the case of new build properties or extension or refurbishment of existing properties. It is the collective effort of landlords, property managers, and tenants to ensure that the building successfully complies with all the regulatory requirements.