- Bromley020 8290 0333
Amendment to the Gas Safety (Installation and Use) Regulations 1998
Currently, the Gas Safety (Installation and Use) Regulations 1998 provide that a landlord must carry out a gas safety check on any appliance and flue in the premises within 12 months of being installed and at intervals of not more than 12 months since it was last checked for safety.
The Gas Safety (Installation and Use) (Amendment) Regulations 2018 which are due to come into force on 6 April 2018 (http://www.legislation.gov.uk/uksi/2018/139/pdfs/uksiem_20180139_en.pdf) amend the regulations to enable a Landlord to carry out an annual gas safety check during the 2 months prior to the due date and keep the existing expiry date. This will help Landlords who may have difficulty gaining access which could shorten the annual cycle check. Landlords will therefore not have to wait until the certificate is due to expire before carrying out a gas safety check and will be able address any potential issues regarding access at an earlier stage.
The Health & Safety Executive has published a draft copy of the updated Approved Code of Practice and Guidance ( http://www.hse.gov.uk/pubns/books/l56.htm ) which, if approved by Parliament, will apply from 6 April 2018.
In the meantime, the present legislation will continue to apply up to and including 5 April 2018. However, there is no change to the legal requirement to carry out an annual gas safety check or to maintenance requirements. The changes will not affect safety standards and Landlords and agents must still:
- Carry out an annual gas safety check within 12 months of the installation of a new appliance or flue which they provide and annually thereafter by a Gas Safety Registered engineer;
- Keep a record of the gas safety check for 2 years;
- Give a copy of the Gas Safety Certificate to each existing tenant within 28 day of completion of the gas safety check;
- Give a copy of the Gas Safety Certificate to a new tenant before the new tenant moves into the property.
This article was written by Associate Solicitor Suki Dhoopher, please contact us if you would like more information about the issues raised in this article or any aspect of housing management matters.
