Legal Requirements for Landlords Gas Safety Certificates

Gas has been in use for many decades, both for domestic as well as commercial and industrial purposes. Gas has replaced other conventional fuels like coal and oil in many sectors. The main reason behind it might be the fact that it is economical and more environmentally friendly, as compared to other energy sources. But a major reason behind it is the fact that gas is comparatively safe, especially for domestic use. 

However, like any other combustible fuel, gas also has a particular potential risk. It can cause fire and explosion. It may also result in carbon monoxide poisoning, which is highly dangerous for human health. Quite a considerable number of events are reported every year, involving injuries and death of gas workers as well as consumers, apart from huge losses to properties.

Hence, it was felt necessary to introduce a minimum set of safety standards when using gas for domestic or industrial purposes. To avoid such gas accidents, every country, including the UK, has developed different laws regulating the use of gas. The “Gas Safety (Installation and Use) Regulations 1998” is the basic and comprehensive law enforced in the UK on 31 October 1998.

History of Gas Safety Regulations In The UK

The Gas Safety (Installation and Use) Regulations 1998 was made under the “Health and Safety at Work " provisions. Act 1974, as an amendment to the “Gas Act 1986”. It has replaced all the previous laws and regulations, such as:

• Gas Safety (Installation and Use) Regulations 1994.
• Gas Safety (Installation and Use) (Amendment) Regulations 1994.
• Gas Safety (Installation and Use) (Amendment) (No. 2) Regulations 1996.

The Gas Safety Regulations of 1998 were further amended in 2018 to make them more effective in minimizing risk and more flexible for landlords, especially in the issue of annual gas safety inspections and renewal of gas safety certificates.

Main Features of Gas Safety Regulations 1998 

While the complete law deals with various important matters relating to the use of gas for domestic and industrial use, the features that are relevant to the annual gas safety inspections are summarized here:

• The landlords are responsible for the safety of tenants and employees against potential risks associated with gas usage.
• Landlords must arrange annual gas safety inspections of all gas appliances installed in the rented property, including allied fittings, pipework, boilers, and flues.
• The landlords are responsible for obtaining gas safety certificates, sometimes referred to as gas safety records, after completing annual gas safety checks.
• If a landlord plans to rent out any of his properties for the first time, he must conduct a comprehensive gas safety inspection on all the gas appliances and allied fittings and obtain a gas safety certificate. Renting out a property without this would be illegal.
• Annual gas safety checks can only be performed by a gas safety engineer officially registered with the gas safe register. Gas Safe registered is an official body that replaced the previous organization, CORGI (Council for Registered Gas Installers). The gas safe register was established in 2009 and is responsible for registering qualified gas safety engineers and gas service provider companies that are allowed to work on gas appliances and installations. Any gas-related work can be done only by an engineer registered with a gas safe register, primarily to obtain a gas safety certificate.
• Landlords are also responsible for maintaining and regularly servicing the gas appliances installed in their rented properties.
• Though tenants can also use their own gas appliances in a rented property, it is primarily the landlords' responsibility to manage the installation of additional gas appliances as and when required. This also needs to be done through the gas-safe registered engineer.  
• Landlords are responsible for keeping a record of the annual gas safety inspection for at least two years.
• They are also required to provide a copy of the gas safety certificate (CP12) to the existing tenants within 48 hours and to the new tenants within 28 days.
• It is also the landlords' responsibility to inform the tenants about the emergency safety plans for the rented property.

Legal Requirements for Landlords Gas Safety Certificates

A gas safety certificate is more commonly known as Landlord's Gas Safety Certificate or Landlord Gas Safety Records (CP12). Under the provisions of the "Gas Safety (Installation and Use) Regulations 1998" and its further amendment through "Gas Safety (Installation and Use) (Amendment) Regulations 2018", the landlords are legally bound to conduct annual gas safety inspections and obtain a valid landlord gas safety certificate. 

Accordingly, the legal requirements for a Landlord Gas Safety Certificate include:

• Each rented property must have a valid gas safety certificate. Landlords are legally bound to ensure their rented property has a valid gas safety certificate. With a valid certificate, the property can be rented out. Any such happening would severely violate the rules and regulations governing using gas for domestic purposes.
• The landlord's gas safety certificate needs to remain valid without any gap. It means that the gas safety certificate, valid for one year, must instantly be renewed, before the expiry of the current certificate. After the amendment of 2018, this can be done anytime within the last two months of the current certificate's expiry without impacting the validity and next expiration of the certificate. So, if a certificate expires on 31st December 2024, it should be renewed anytime during November and December 2024, whereas the new certificate would remain valid till 31st December 2025. Before the amendment of 2018, the new expiry date was calculated from the latest annual gas safety inspection date.
• The landlords are responsible for the annual gas safety inspection, which must be conducted by a Gas Safe registered engineer or any gas service provider company with at least one Gas Safe registered engineer on their payroll. Before engaging the engineer, the credentials of the Gas Safe registered engineer can be verified from the official website of the Gas Safe Register.
• Under the provisions of the Gas Safety Regulations of 1998, it is also a legal requirement to keep a record of annual gas safety inspections for at least two years. However, it is highly recommended to keep such records for as many years as possible. This may help in case of any mishap on the property.
• The landlords are also legally responsible for maintenance, timely and regular service, installation of new gas appliances, and any other related work in the rented property. 

Consequences of Non-Availability of Valid Landlord Gas Safety Certificate

• If a gas mishap occurs, the landlord will have to face legal proceedings if he fails to produce a valid gas safety certificate. This may include imprisonment, a fine, or both. 
• If a gas accident happens in a rented property, the landlord might be eligible for insurance compensation. However, the insurance company will not entertain any such claim if the property was not inspected for gas safety during the last year. The landlord's gas safety certificate is the only proof that the property was inspected for gas safety. In the absence of it, an insurance claim will be rejected. 
• A landlord cannot rent out any property unless a valid gas safety certificate is on record. However, if a landlord rents out a property even without a valid gas safety certificate, he will be liable to face legal action.

Cost of Obtaining A Valid Landlord Gas Safety Certificate

The cost of an annual gas safety inspection and gas safety certificate may vary with the size of the property and the number of gas appliances installed on it. It also varies with the location of the property. The reputation, expertise, and experience of a gas-safe registered engineer may also have an impact on the cost. Generally, issuance of a landlord gas safety certificate may cost between 60 to 150 Pounds.

Conclusion

Gas safety is a legal requirement under the Gas Safety (Installation and Use) Regulations 1998. The law imposes this responsibility on landlords. Hence, landlords need to invariably conduct annual gas safety checks on all gas appliances and allied pipework. All such work has to be done by engaging a qualified gas safety engineer registered with the Gas Safe Register.

Ensuring the safety of the tenants and employees is a legal and moral responsibility of the landlords. While residing in their properties, they must ensure that the tenants do not face any material or physical damage due to any gas mishap. Apart from being a legal requirement, it is also their moral responsibility. Therefore, the landlords need to fulfill their responsibility without fail. It may cost them a little but will save them a lot in case of any unfortunate incident involving injuries or death of a tenant.