How to stay compliant with the Gas Safety (Installation and Use) Regulations 1998
23 September 2024
The Gas Safety (Installation and Use) Regulations 1998 impose clear responsibilities on landlords to ensure gas appliances, fittings, and flues provided for tenants are safe.
As a social housing landlord, compliance is essential not only to avoid legal repercussions but also to safeguard your tenant’s welfare.
The regulations apply to all residential properties where gas appliances are installed, including houses, flats, and hostels.
The key requirements include ensuring annual gas safety checks, maintaining records, and taking appropriate action in case of safety issues.
Annual gas safety checks
All social housing landlords must carry out an annual gas safety check on every gas appliance and flue in their properties.
This check must be conducted by a Gas Safe registered engineer.
You should make sure that the engineer inspects every relevant gas appliance provided in a tenant’s home, whether it’s part of the landlord’s responsibilities or any communal areas with shared equipment.
If an appliance is owned by the tenant, the landlord is not responsible for its safety check.
However, the landlord must ensure the safety of the associated flue and pipework.
The safety check must be completed within 12 months of the installation of a new appliance or flue, and at intervals of no more than 12 months thereafter.
Record-keeping obligations
As a landlord, you are also required to keep a record of each gas safety check for at least two years.
For new tenants, the latest gas safety certificate must be provided before they move in.
For existing tenants, the certificate should be supplied within 28 days of the check being completed.
Maintaining accurate and timely records ensures you meet compliance and provides evidence in the event of an inspection or dispute.
Your records must contain the date of the check, a description of each appliance and flue, the results of the check, any remedial actions, and the Gas Safe engineer’s signature.
Dealing with safety issues
If a gas safety check reveals an issue with an appliance, as the landlord you are required to act immediately.
If an appliance is deemed unsafe, it must be disconnected, and your tenants should be informed.
Repairs must be carried out by a qualified Gas Safe engineer before the appliance can be used again.
In certain cases, if disconnection will result in hardship for tenants, temporary alternative arrangements, such as providing electric heaters, should be considered until the gas appliance is made safe.
The regulations also mandate that social housing landlords ensure regular maintenance of gas installations and appliances, in accordance with the manufacturer’s instructions.
This goes beyond the annual safety check and may involve more frequent servicing, depending on usage and the specific requirements of the appliances.
Maintenance records should be kept alongside the gas safety checks to evidence compliance.
Tenants’ responsibilities
Although you have the primary responsibility for gas safety, your tenants also have a role in maintaining safety standards.
Tenants should be advised not to install or use any gas appliances unless they are fitted by a qualified Gas Safe engineer.
Additionally, tenants must allow access for annual gas safety checks and any necessary maintenance.
We therefore recommend you ensure that your tenants understand their obligations and you encourage prompt reporting of any concerns or faults with gas appliances.
Enforcing compliance
The Health and Safety Executive (HSE) oversees compliance with the regulations, and failure to comply can result in serious consequences, including hefty fines and, in extreme cases, imprisonment.
For social housing landlords, a breach of gas safety regulations can also have significant reputational damage and might lead to claims from tenants, including personal injury claims if negligence can be demonstrated.
Regular audits of gas safety compliance, training for maintenance teams, and close relationships with qualified Gas Safe engineers can help ensure your organisation meets all its legal obligations.
If you’re unsure about any aspect of compliance or need specific legal advice regarding gas safety in your properties, it’s crucial to consult with a solicitor experienced in advising social housing landlords.
We are available to discuss your obligations and help ensure you remain fully compliant with the Gas Safety (Installation and Use) Regulations 1998, so please get in touch for more information.
-
Emily Chivers
-
Gabriel Adeniyi
Sectors
The content of this article is for general information only. It is not, and should not be taken as, legal advice. If you require any further information in relation to this article please contact the author in the first instance. Law covered as at September 2024.