Gas Safety (Installation and Use) Amendment Regulations 2018

These amendment Regulations are due to come into force on 6 April 2018 subject to Parliamentary approval

These amendment Regulations are due to come into force on 6 April 2018 subject to Parliamentary approval (which is highly likely to be forthcoming).  The most significant change is to provide private landlords with more flexibility on the renewal date for gas safety certificates.
 
The current Regulations require landlords letting 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.

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 but 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 shorten the inspection period by renewing the certificate before the expiry date and the change will make it much easier for landlords to keep track of future renewal dates as these will remain the same.
 
The Regulations also incorporate an existing exemption which enables alternative 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.
 
The HSE has published a draft copy of the newly approved code of practice

If this raises any issues for your organisation, please speak to your usual Weightmans advisor or contact, Chris Green (chris.green@weightmans.com)

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