The Ultimate Guide to Gas Safety Certificates and Gas Safe Inspection for 2024

Gas is one of the basic requirements of any household these days. It is equally an important part of every commercial and business premises as well as industrial units. Mostly it is supplied directly to homes in most parts of the UK. However, it also comes in bottled form or cylinders for use in remote areas where gas is not available.

Under normal circumstances, if safety parameters are observed, gas does not immediately threaten people and property. On the other hand, it does have various risks. It can cause emissions, which may prove deadly for the occupants. In case of a leak, it may result in an explosion or eruption of fire. In the past decade, gas-related accidents have registered an upward trend in the UK. As reported, 28 gas explosion incidents occurred in 2017, whereas in 2020, the number of such incidents was 41. This is just a glimpse of the risks associated with careless use of gas in homes and businesses.

Gas Accidents – An Overview

Gas Safe Register, in a recent report, indicated that more than 68,000 homes could avoid gas accidents in a year due to the implementation of gas safety regulations. That means gas accidents can be avoided or even eliminated if every household or commercial property follows the gas safety rules and regulations.

But unfortunately, the facts and figures are quite alarming when we see the other side of the story. A report by Gas Safe Register reveals that 57% of their engineers, while conducting gas safety checks, found one or more faulty gas appliances in homes, such as boilers and cookers. Per their report, these appliances were dangerously faulty and forced to shut down immediately. The report further reveals that this was mainly due to the lack of regular and timely maintenance and service.

The report also reveals that out of 120,000 homes inspected by their engineers, every 6th home had one or more unsafe gas appliances. These reports indicate that the gas safety regulations must be implemented in their true spirit.

Gas Safety Regulations

To ensure the safety of people and property, the authorities in the UK introduced a law commonly known as the Gas Safety (Installation and Use) Regulations 1998. While the basic law remains the same, as stipulated in the Gas Safety (Installation and Use) Regulations 1998, an amendment was made through "The Gas Safety (Installation and Use) (Amendment) Regulations 2018”.

The above law and its further amendment make it compulsory for landlords to conduct an annual gas safety check on their properties by hiring the services of a registered gas safety engineer. The gas safety engineer must be registered with the gas safe register.

Gas Safe Register

Gas safe register is an official organization in the UK that is responsible for registering qualified gas safety engineers. Under the law, only the engineer registered with the gas safe register can conduct gas safety inspections at homes. On successful inspection, satisfying himself that the gas appliances are functioning in conformity with the safety standards, he is also authorized to issue a Gas Safety Certificate, also called Gas Safety check records or more commonly CP 12.

Provisions of Gas Safety Regulations at a Glance

• All landlords are legally required to ensure the safety of their tenants against the possible threats of gas, such as fire, explosion, and emission of harmful gases, especially carbon monoxide.
• 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. It also covers the gas pipework, especially identifying the weaker parts.
• 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 an inspection to fix 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 routine maintenance and servicing of the gas appliances, boilers, and flues.

So, the main responsibility of gas safety rests on the shoulders of landlords, as per the relevant rules and regulations. They are legally required to ensure the safety of the occupants of their rented-out properties.

Definition of a Landlord

The landlords can be classified into different categories based on the duration of the rentals and the type of rentals being offered.

• 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. An agent is a person nominated by the owner to look after the affairs of his property.

Issuance of Gas Safety Certificate

The issuance of a gas safety certificate is subject to the successful completion of a gas safety check by a gas safety engineer registered with a gas safe register. Ideally, it has to be done once a year, as the gas safety certificate expires in 12 months. The gas safety certificate must have the following basic information:

• Date of inspection.
• Complete address of the property inspected by the engineer.
• Name of the landlord or his representative or agent.
• Name and identity number of the gas safety engineer who conducted the gas safety check.
• Signature of the gas safety engineer.

Other Information on the Gas Safety Certificate

Apart from the above basic information about the engineer and the property, the following details should also be mentioned on the gas safety check record.

• Complete details of gas appliances checked by the engineer, including boilers and flues.
• Location of each appliance; where they are installed on the premises.
• Current status of the appliances. This should include the actual operational performance of each appliance, precisely mentioning that they are fit for use or otherwise.

Each Appliance Has to be Rated Per Their Status

The appliances declared unfit for use need to be further classified as under based on the severity of their fault.

• ID – Immediately dangerous. Appliances marked as ID need repair or replacement, as the case may be, urgently. These are practically not fit for instant use and dangerous if used without proper rectification of fault
• AR – At risk. The appliances rated as AR must be replaced urgently, as these are unsuitable for use. However, their risk level is relatively less than the above category ID. But it must be repaired at the earliest.
• NCS – Not to the Current Standards. These appliances can be used safely though they are not according to the current standards due to their older versions. However, these also need to be replaced with the new ones soon.

Once the annual gas safety check is done on all gas appliances and installations and necessary repair or replacement is done, the gas safety engineer will give you a landlord gas safety certificate within 48 hours. This is usually in digital form these days. You can, however, get it printed for safe storage.

The landlords are legally required to give a copy of this gas certificate to their current tenants within 48 hours of the gas safety check. The new tenants should be given a copy of this certificate within 28 days of entering into a lease contract.

Validity of a Gas Safety Certificate

The gas safety certificate remains valid for 12 months from the date of issuance. That means it needs to be renewed every 12 months.

Renewal Process of Gas Safety Certificate

Under the gas safety (installation and use) regulations in 1998, it is mandatory to get the property checked annually to get a gas safety certificate. Per this law, the validity of the gas safety certificate was supposed to be exactly 12 months after the certificate issuance date. So, if it was issued on 31st March 2022, it will expire on 30th March 2023. Hence it will have to be renewed before 30th March 2023. But if it is renewed, say on the 30th of January 2023, the next expiration date would fall on the 29th of January 2023 instead of the 30th of March 2023.  So, practically, the validity of the gas safety certificate is reduced by two months in this case. And it would keep on reducing every year. Hence, you might have to conduct the annual gas safety check 11 or 12 times every 10 years.

Amendment in Law Makes the Validity of Gas Safety Certificates Constant

The above disparity was abolished with an amendment in the law in 2018 under the Gas Safety (Installation and Use) (Amendment) Regulations 2018. Under this amendment, section 36 was changed to provide flexibility in annual gas safety checks for landlords.

Under this amendment, the expiry date of the gas certificate would now remain the same and will not be affected by the actual date of the gas safety check. So, in the above-referred example, if the landlord conducts the annual gas safety check on 30th December 2023, the expiry date of the new certificate would be 30th of March 2024 instead of 29th of January 2024, which would have been before this amendment.

Hence, the landlords are now at liberty to get their properties inspected for gas safety checks any time in the last two months of the current gas safety certificate's currency. And more importantly, the gas certificate will invariably remain valid for 12 months.

Gas Safety Checks – What’s Required?

A gas safety check is the landlord's responsibility. So, being a landlord, you must ensure an annual gas safety inspection. Here are some useful tips for you:

1. You must conduct a comprehensive inspection of all gas appliances installed on your property by a qualified gas safety engineer who must be registered with the gas safe register.
2. The engineer will give you a landlord gas safety record called CP12. It will have complete details of the appliances installed on your property that the engineer checked.
3. You 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; refer to the example quoted above.
4. Your tenant is allowed to use his appliances on your property. Such appliances do not come under your area of responsibility. Still, it is better to include them in the annual inspection to ensure your property's and its occupants' safety.
5. Annual Gas Safety Check involves various steps such as:
   1. Visual inspection of gas installations and appliances.
   2. Checking gas burner pressure.
   3. Checking for any leakages.
   4. Examine the performance of the ventilation system.
   5. Check the working of the safety devices.
   6. Check boiler performance, including the pressure vessel.
6. It is advisable to keep the gas safety record stored safely for at least two years. It may be helpful for you in so many situations.
7. The gas safety certificate must have important information such as the date of inspection, the address of the property inspected, details of each appliance checked with its current status, and the name and identification number of the survey engineer. Most importantly, it will also identify the faulty appliances and suggestions on how to remove the faults.
8. Your right to enter the rented premises is subject to fulfillment of some basic requirements. 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.
9. The consequences of failing to get a valid gas safety certificate are quite serious. It may include a fine and imprisonment of up to 6 months.
10. 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

Gas is a necessity of life, especially for the people living in colder parts of the world. Though considered quite safe for use in homes and commercial properties, gas has some potential threats, such as fire, explosion, and above all, emissions.

But that doesn't make it unsafe or dangerous for domestic use. The threats are there, but they can be minimized if you follow the guidelines provided in the gas safety regulations. Conducting an annual gas safety inspection is one of the basic requirements of the relevant law. This ensures the safe performance of all gas appliances installed on your premises. This annual inspection is also necessary to obtain a gas safety certificate.

So, if you are a landlord and haven't got your property inspected for gas safety, you are at risk. Get it done without further delay to avoid serious consequences