Gas Safety (Installation and Use) Amendment Regulations 2018

Introduction

These amendment Regulations are due to come into force on 6 April 2018 subject to Parliamentary approval. The most significant change is to provide private landlords with more flexibility on the renewal date for gas safety certificates.

Existing requirement in relation to let residential property

The current Regulations require landlords letting residential properties with a gas supply to:

• Arrange for a Gas Safe engineer to inspect all gas appliances and flues before a tenant takes up occupation;
• Provide a Gas Safety Certificate to tenants before they move in; and
• Ensure gas safety checks are undertaken every 12 months and certificates provided to tenants within 28 days.

Amended requirement in relation to let residential property

The amended Regulations place landlords under exactly the same legal obligations but allow a two-month window for the timing of annual checks. A “deadline date” will be allocated to each gas appliance or flue within the scope of the Regulations. Landlords can carry out their annual safety checks between 10 and 12 months from the last check however will be treated as if the check was carried out on the last day of the 12 months validity, thereby preserving the existing expiry date of the safety check record.

This will be a welcome change for landlords who often face issues with property access due to the current strict 12-month deadline and difficulties arranging an engineer. Landlords will no longer need to shorten the inspection period by renewing the certificate before the expiry date and the change should make it much easier for landlords to keep track of future renewal dates as these will remain the same.

Landlords can continue to with their existing checking regime as long as it meets the minimum legal requirement.

Exemption

The Regulations also incorporate an existing exemption which enables alternative safety checks to be carried out where there is no meter to directly measure the heat input, and it is not possible for the engineer to measure the operating pressure. They also extend the scope of the exemption slightly to include situations where a meter is not accessible or the meter display is not working.

Action and Next Steps

From the 6th April 2018, subject to Parliamentary approval, landlords and their managing agents involved in residential letting can benefit from the change in the requirement to complete the annual gas safety check through allocation of a ‘deadline date’ for each appliance or flue which will remain the same each year, while the actual check can be completed within 10 to 12 months of this deadline.

There is also a one off discretion for each appliance and flue so that it can be checked two months after the ‘deadline date’ and allow all such items in a property to be aligned with the same date.

Further Information

For an explanatory note click on the link below:

http://www.legislation.gov.uk/uksi/2018/139/pdfs/uksiem_20180139_en.pdf

For access to the Regulations:

http://www.legislation.gov.uk/uksi/2018/139/pdfs/uksi_20180139_en.pdf

Leave a Reply

You must be logged in to post a comment.