Legal Implications of an Incomplete or Inaccurate Gas Safety Report

Gas safety should be a priority for every household. Getting a gas safety certificate is not just a formality but a legal requirement in the UK and Ireland. Every property in the UK must have a valid gas safety certificate to ensure the safety of the inhabitants of that property. The landlords of residential or commercial properties, as well as the properties that are rented out, must obtain a safety certificate annually. 

It is suggested that the gas safety certificate for every owned property should be renewed within 10-12 months. Those who do not abide by this rule are subjected to heavy fines. Gas Safety Certificates are also known as CP12 certificates. However, if these reports are inaccurate or incomplete, that can be a risky situation. Thus, the gas safety certificate must meet all the requirements.

There are some serious outcomes if the gas safety report is not proper. As a property owner, you should know all the criteria for the gas safety certificate so that there are no consequences later. 

What Is a Gas Safety Report?

A Gas Safety Report is an official certificate that is issued by a professional engineer after the inspection of a whole property.  The engineer will inspect each gas appliance installed in the property, including flues and all the pipework. After the inspection, the engineer will issue the certificate stating that every appliance and gas work is working efficiently and there is no leakage. Thus, the report will ensure that everything is fine and meets the legal requirements of gas and safety regulations. 

According to the Gas Safety (Installation and Use) Regulations 1998, landlords should ensure that if they are renting a property, they should provide the tenants with a gas safety certificate. All the gas appliances in the tenant property, including the chimney, fittings, and appliances that work on gas, are safe, and there is no leakage. This will help the tenants to feel safe and secure. The landlords are responsible for the annual gas safety inspection, and they must provide a copy to the tenants within 28 days.

What Makes a Report “Incomplete” or “Inaccurate”?

The Gas Safety Report is proof that your property is gas safe and that there is no harm in staying there. There can be some instances where the report can be inaccurate or incomplete. An incomplete or incorrect report can have the following issues:

• Proper details of the inspection can be missing; for example, there can be appliances that remain unchecked or not properly mentioned on the form.
• The information on the form can be wrong, including the wrong address of the property, or maybe the correct date of inspection is not mentioned on the form.
• Another issue that can be seen is that there is no proper record of any defects or issues found during the inspection.
• The details of the engineer or certificate may be forged.
• If the engineer was in a rush and unable to do a detailed inspection, it could lead to omissions due to negligence.

The gas safety report is a significant matter, and a slight error may be unintentional but can lead to some serious consequences. That is why it is crucial to get the inspection done by a reliable source to avoid these kinds of circumstances. These mistakes can be a source of financial loss as well as a source of legal punishment.

Legal Responsibilities of Landlords and Engineers

Both landlords and engineers have legal responsibilities that they must know to avoid any kind of legal consequences. The responsibilities of the landlord are as follows:

• The landlord is legally responsible for the fact that the gas safety checks are being held for certain properties annually or not.
• He should keep the records safe to avoid any kind of misleading situation for at least two years. It is better to keep maintaining the records as it can be helpful in the future if required.
• He must provide a copy of the gas safety report within 28 days after the inspection is held and the certificate gets issued.
• He should be vigilant if any safety concern arises and look into the matter as soon as possible.

After the landlord, the person responsible for authenticating the gas safety report is the engineer who carried out the inspection and issued the report. He is legally responsible for the matters discussed below:

• He should remain honest throughout the inspection and inspect the property carefully without any rush.
• He should issue the certificate after he is fully satisfied and must ensure the safety of inmates.
• Never try to cover any fault or be casual about it, as it can be serious later on.
• He must check every appliance, fuel, and fitting carefully.

If the landlord and engineer fulfill their duties honestly, then there will be no alarming situation, and the inhabitants of that property can live peacefully without any fear. 

Legal Consequences of Inaccurate Reports

There are some serious legal complications if the gas safety report is incomplete or inaccurate, as mentioned in the law and regulations. As a citizen of the country, one must abide by the law to avoid any kind of legal consequences. If the gas safety certificate report appears to be incomplete, forged, or inaccurate, then there may be legal complications. Some of them are given as follows:

1. Criminal Prosecution

According to the Gas Safety (Installation and Use) Regulations 1998, the offences that can lead to criminal prosecution include:

• The landlord fails to arrange regular annual gas safety inspections. The certificate expires after one year.
• If he is found to have provided forged or misleading gas safety certificates
• The landlord hires an unregistered engineer just to save some bucks

All these offences can lead to imprisonment. The duration of imprisonment varies according to the given circumstances. Penalties may include:

• Fines (unlimited)
• Imprisonment (up to 6 months or more)
• Criminal record 

2. Invalidation of Insurance

If there is an accident by chance that leads to a gas leak or explosion and the gas safety certificate is incomplete or inaccurate, then the insurance will be invalid. In this situation, any damage or loss will be covered by your pocket. The health insurance will also be invalid in case of any injury.

3. Tenant Compensation Claims

The tenants have the full authority to take legal action against the landlord in case of any accident. All the financial loss or in case of any injury, the loss will be covered by the landlord if the gas safety report is not valid or incomplete. All the compensation will be paid by the landlord.

4. Council Penalties and Bans

Local authorities have the full authority to issue Improvement Notices or Prohibition Orders under the Housing Health and Safety Rating System (HHSRS) if they think that the tenants’ safety is at risk. If the landlord does not comply with the orders, then they can also issue banning orders under the Housing and Planning Act 2016.

There are some cases in which an agent was fined over £20,000 as he was involved in the issuance of forged gas safety certificates. In another case, an engineer was held responsible for the boiler explosion who issued the certificate without proper inspection. Thus, it is important to have a valid certificate issued by a professional engineer. 

Best Practices to Stay Compliant

It is best to stay compliant to avoid any kind of legal issues. The best ways to be safe are as follows:

For Landlords:

• Always use Gas Safe registered engineers.
• Verify the report. Make sure to check the dates, list of appliances, and engineer ID.
• Keep copies and send one to your tenant within 28 days.
• Schedule checks ahead of time to avoid delays.
• If any issues are found, contact the support immediately.

For Engineers:

• Never miss a single detail and be careless about any minute defect.
• Double-check all appliances and records.
• Keep your registration up to date.
• Report unsafe conditions honestly.

For Tenants:

• Ask for the latest Gas Safety Certificate.
• Don’t ignore any warning signs (e.g., gas smells or unusual sounds).
• Report any concerns to the landlord or council.

Conclusion

An incomplete or inaccurate gas safety report is not a minor negligence but can lead to legal consequences. Other than that, it is a hazardous situation and unsafe to live on a property where there are such issues. The landlords should be careful and keep renewing the certificates annually. They must hire a professional for the inspection. Engineers should also inspect carefully and not in a rush, as it is a matter of life and death. Tenants must ask for a copy of the gas safety report to ensure safety.  A small negligence can be the cause of a disastrous situation.