string(20) "what-you-should-know"
string(11) "regulations"
string(26) "know-what-the-law-requires"
Know what the law requires
Gas safety regulations
The Gas Safety (Installation & Use) Regulations 1998 place a statutory duty on all landlords of residential property to ensure that all gas appliances, pipework and flues are maintained in a safe condition. They particularly seek to avoid the escape of carbon monoxide poison which is silent, odourless and deadly and require that:
- all let properties must have at all times a valid Gas Safety Record, even if the gas supply consists only of a capped off gas pipe where all other pipework and appliances have been removed;
- before a tenant takes occupation, the gas appliances and pipework must be checked by a CORGI registered engineer who must provide the landlord with a Gas Safety Record (the landlord must provide the tenant(s) with a copy of that safety record at the start of the tenancy);
- a gas safety check must be carried out annually and the tenant(s) provided with a copy of the safety record within 28 days of that check being carried out (this does not mean you have a 28 day grace period between a Gas Safety Record expiry and a new record being issued); and
- the landlord must also keep a copy of each
Gas Safety Record for at least two years.
Letting agents, if used, are also liable under the regulations to ensure that the Gas Safety Record is in place and all equipment and appliances comply.
Non-compliance with the safety regulations is a criminal offence and carries monetary penalties or imprisonment or both. In the event of a death, charges could extend to manslaughter. If the property is found to be unsafe or in breach of any of the safety regulations the landlord and agent, depending on the circumstances, can be held responsible for the consequences.
It may be a defence to any prosecution that the landlord or the letting agent concerned took all reasonable steps and exercised all due diligence to avoid committing the offence.
From April 2005, it will be necessary to register any new gas installation in a residential property with CORGI who will then issue a declaration of safety which will form part of the house seller's information pack which everybody marketing a property will need to prepare as from 2007.