How to Comply with Building Regulations for Gas Safe Certificates

A gas-safe certificate is a legal requirement for properties that use gas as an energy source. Landlords are bound to inspect their properties for gas safety and obtain a valid gas-safe certificate, as per the provisions of the Gas Safety (Installation and Use) Regulations 1998, also known as GSIUR or simply gas safety regulations.

The gas safe certificate has nothing to do with Building Regulations. Building regulations are primarily formulated to ensure that the building is safe for occupants to live in. However, part J of the building regulations is relevant to gas safety. It binds landlords to notify the local authorities whenever a new heat-producing gas appliance is installed. In turn, they get a Building Regulations Compliance Certificate.

So, the gas safe certificate and building regulations compliance certificates are interrelated yet two different certificates and should not be confused. Moreover, the implementation of the GSIUR is the responsibility of the Health and Safety Executive (HSE), whereas the building regulations come under the administrative authority of the Building Control Department.

Understanding Gas Safety (Installation and Use) Regulations 1998

Given the ever-increasing number of gas accidents involving loss of properties and injuries and deaths of the occupants, a comprehensive set of rules and regulations was introduced in the UK in 1998. The law is titled "Gas Safety (Installation and Use) Regulations 1998. Subsequently, different amendments were made to this fundamental law, as and when necessary, for the safety of the people and properties.

Here’s a summary of the GSIUR, as amended from time to time:

• The landlords are required to ensure the safety of their tenants against the potential risks involved while using gas. The possible risks might be fire, explosion, and emission of carbon monoxide. 
• The landlords are legally required to conduct annual gas safety inspections of their properties.
• The annual gas safety inspection needs to be done by a registered gas-safe engineer. Any such inspection carried out by any other person will be invalid.
• The annual gas safety inspection includes all gas appliances and allied pipework, including boilers and flues.
• Upon completing the annual gas safety inspection, the inspecting engineer will give the landlords a gas safe certificate.
• If any of the gas appliances are found faulty, these will be labeled as "Do Not Use." 
• Gas safety certificates, also known as gas safety records, are valid for 12 months and need to be renewed annually, preferably during the last two months before the expiry of the current certificate.
• 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.
• Landlords' responsibility is restricted to the gas appliances they install in 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, during annual inspections, the gas safety engineer should also check these appliances, though it is not a legal compulsion.
• If one or more of the installed gas appliances develop some fault at any time, the landlords must arrange its 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.
• The landlords are also responsible for the routine maintenance and servicing of the gas appliances, boilers, and flues.

Understanding Building Regulations

The building regulations are formulated and implemented with the primary objective of making a property safe for living. It is a detailed set of rules comprising around 16 parts as under:

1. Part A – Structure
2. Part B - Fire Safety
3. Part C – Contamination and Damp
4. Part D – Toxicity
5. Part E – Sound
6. Part F – Ventilation
7. Part G – Hygiene
8. Part H – Drainage
9. Part J – Fuel
10. Part K – On-site safety
11. Part L – Conservation of Fuel and Power
12. Part M – Access
13. Part N – Glazing
14. Part O – Overheating
15. Part P – Electrics
16. Part S – Infrastructure for Charging Electric Vehicles

It covers almost every aspect of occupant safety, whereas Part J is relevant to gas safety. It deals with installing, maintaining, and storing energy sources used in the building. It also includes ventilation, carbon monoxide detection, and boiler and flue regulations.

Under the provisions of the building regulations, landlords are also required to notify the local authorities about new installations of any such appliances that produce heat. This is an obligation that needs to be complied with by the landlords.

Complying with Building Regulations

The building regulations pertinent to gas safety require the Building Control department to be notified about installing, altering, or replacing any heating system. Hence, the landlord needs to ensure compliance with the following:

• Installation of all new heating systems is required to be notified.
• Any structural alterations, including relocation of any existing gas appliance, like a boiler being shifted to another part of the building for any reason, must also be brought in the knowledge of building control in writing.
• The requirement to notify the installation or relocation of any heat-producing appliance equally applies to domestic and non-domestic properties.
• Any violation or non-compliance may attract legal proceedings against the defaulters.

List of Appliances That Need to be Notified for Compliance with Building Regulations

In the event of installation of any of the following appliances, the landlords are required to notify the local authorities or building control department:

• Gas-fired condensing boiler up to 70kW.
• Gas-fired non-condensing boiler up to 70kW.
• Gas-fired condensing boiler over 70kW.
• Gas-fired non-condensing boiler over 70kW.
• Flue gas heat recovery device with a domestic gas condensing boiler.
• Gas-fired radiant heating system.
• Gas-fired water heater.
• Gas-fired warm air heating system up to 70kW.
• Gas-fired warm air heating system over 70kW.
• Flued gas cooking range.
• Hot water boiler.

Installation of the following heating and hot water systems also falls under the compliance of building regulations:

• Flue or chimney system.
• Hot water system installed in domestic properties.
• Heating controls for wet central heating or warm air systems in domestic properties.
• Non-domestic hot water system.
• Non-domestic heating or hot water system controls.
• Unvented hot water storage system.
• Vented hot water storage system.
• Wet underfloor heating system.
• Complete heating system.

Ideally, the engineer who installed any of these appliances can do it on behalf of the landlord. In some cases, the manufacturers notify the local authorities about any such new installation. This can be done either in writing or through digital communication and must be done within 30 days. Ultimately, the landlord is responsible for complying with this relevant part of the building regulations.

Important

Installation of a new gas cooker does not need to be notified. However, the landlords can do it voluntarily. In such cases, the authorities send a Declaration of Safety Certificate, though not legally required.  

Process of Informing Local Authorities – Installation of New Heat-Producing Appliances

Per the relevant provisions of the building regulations, landlords are required to report any such installation that falls under part J of the building regulations within 30 days, precisely within 25 working days. The gas safe registered engineer can easily do this by logging into his account with the Gas Safe Register. A nominal fee plus applicable tax will need to be paid for this.

Another possible way is to inform the local authorities through a third-party agent. The manufacturers can also do this. They can provide the data to the Gas Safe Register.

In any case, the gas safe register will transmit the data to the relevant building control department. The building control department sends the building regulations compliance certificate within 15 working days. The certificate is given to the landlord, homeowner, or anyone nominated by them.

Consequences of Non-Compliance with Building Regulations        

Being a legal requirement, non-compliance with building regulations may have serious consequences. Some of the consequences might be:

• Imposition of penalties and fines.
• Initiation of legal proceedings.
• Insurance can become invalid.

Conclusion

Compliance with any of the prevailing rules and regulations is a legal and moral obligation of a law-abiding citizen. Compliance with the provisions of the GSIUR is legally binding on landlords. They must conduct annual inspections of their properties to obtain a valid gas safety certificate.

On the other hand, they must also follow the building regulation’s part J, which binds them to inform the building control department through local authorities whenever a heat-producing appliance is added to the property. They are legally bound to get it done within 25 working days. Compliance with this important regulation is acknowledged by the building control by issuing a Building Regulations Compliance Certificate within 15 working days.

So, the only thing you need to do to comply with the building regulations for gas-safe certificates is to notify the gas-safe register whenever a new heat-producing appliance is installed on your property.