29/12/2022
Ensuring the safety of tenants is a paramount responsibility for any landlord. When it comes to gas appliances and installations within a rented property, this responsibility is codified by stringent regulations. A key aspect of these regulations is the requirement for annual gas safety checks. Recently, there have been significant amendments to the Gas Safety (Installation and Use) Regulations (GSIUR) that introduce a degree of flexibility for landlords, often referred to as 'MOT-style' checks. This article delves into what these changes mean, when landlords can carry out these vital checks, and how to best navigate the updated legal landscape to maintain the highest safety standards for your tenants.
- The Gas Safety (Installation and Use) (Amendment) Regulations 2018
- Understanding the 'MOT-Style' Flexibility
- What Remains Unchanged?
- Guidance for Landlords
- Actions for Landlords
- Do Landlords Have to Use the New Flexibility?
- Gas Safety Checks: A Comparative Overview
- Frequently Asked Questions (FAQs)
- Q1: What is the deadline for carrying out a gas safety check?
- Q2: Does this mean I only need to check my gas appliances every 14 months?
- Q3: What happens if I can't get access to the property for the check?
- Q4: Who is responsible for ensuring gas safety?
- Q5: Where can I find a Gas Safe registered engineer?
- Conclusion
The Gas Safety (Installation and Use) (Amendment) Regulations 2018
As of 6 April 2018, the Gas Safety (Installation and Use) (Amendment) Regulations 2018 came into force. These amendments, while not altering the fundamental requirement for annual gas safety checks, aim to provide landlords with more practical options for scheduling these essential inspections. The core objective is to maintain, not reduce, safety standards, whilst offering greater convenience and mitigating potential access issues.
Understanding the 'MOT-Style' Flexibility
The most significant change, particularly relevant to landlords, is introduced by the amendment to Regulation 36(3). This amendment allows for a more flexible approach to the timing of annual gas safety checks. Previously, a check had to be completed within a strict 12-month period from the previous check's expiry date. The new 'MOT-style' system means that landlords can now carry out the annual gas safety check within the two months preceding the 'deadline date'. Crucially, completing the check within this window retains the original expiry date. For instance, if a gas safety certificate is due to expire on 31st October, a landlord can have the check completed any time between 1st September and 31st October, and the new certificate will still be valid until the following 31st October.
Benefits of the Amended Regulation
This 'MOT-style' flexibility offers several key benefits for landlords:
- Proactive Scheduling: It allows landlords to avoid the last-minute rush often associated with annual checks. This is particularly useful if tenant access can be problematic.
- Mitigating Access Issues: By starting the check process earlier, landlords have more time to arrange access, including pursuing legal avenues if necessary, without compromising the validity of their compliance.
- Reduced Administrative Burden: While not reducing the frequency of checks, it can streamline the process and reduce the need for emergency scheduling or shortened inspection cycles.
What Remains Unchanged?
It is vital to understand that these amendments do not dilute the legal obligations regarding gas safety. The requirement for an annual gas safety check remains in place. Furthermore, the duty to maintain gas appliances and installations in a safe condition at all times is also unchanged. The flexibility is solely in the scheduling of the annual inspection, not in the frequency or the standard of safety required.
Guidance for Landlords
The Health and Safety Executive (HSE) has published an updated Approved Code of Practice (ACOP) and guidance to support these amendments. This guidance, applicable to anyone with duties under GSIUR, including landlords, provides comprehensive information on how to meet the regulatory requirements. Landlords should familiarise themselves with the HSE's latest publications, such as the draft Approved Code of Practice L56 (Fourth edition), which can be downloaded from the HSE website. This document offers detailed advice on compliance and best practices.
Actions for Landlords
To prepare for and effectively utilise the amended regulations, landlords should take the following steps:
- Review Existing Procedures: Compare your current gas safety check arrangements with the guidance provided in the new ACOP. Identify any necessary adjustments to your internal procedures or external contracts.
- Update Contracts: Ensure that any contracts with gas engineers or servicing companies are updated to reflect the new 'MOT-style' flexibility. This ensures that your contractors are aware of and can accommodate the revised scheduling options.
- Implement Robust Record-Keeping: It is crucial to have a reliable system in place for recording and tracking the renewal dates of your annual gas safety checks. This is essential for maintaining continuous compliance and demonstrating due diligence.
Do Landlords Have to Use the New Flexibility?
No, landlords are not obligated to use the new 'MOT-style' flexibility. They can continue to schedule their annual gas safety checks to be completed precisely on the existing expiry date. However, choosing to use the flexibility can offer significant advantages in managing the process and ensuring timely compliance.
Gas Safety Checks: A Comparative Overview
To better illustrate the difference, consider the following table comparing the old and new systems:
| Aspect | Old System (Pre-April 2018) | New System ('MOT-Style') |
|---|---|---|
| Annual Check Requirement | Mandatory within 12 months of the previous check's expiry. | Mandatory within 12 months of the previous check's expiry. |
| Scheduling Window | Must be completed by the exact expiry date. | Can be completed within the 2 months *before* the expiry date, retaining the original expiry date. |
| Impact on Expiry Date | New expiry date calculated from the date of the new check. | New expiry date remains the same as the previous one. |
| Access Management | Limited flexibility, potentially leading to last-minute issues. | Provides more time to arrange access, mitigating potential delays. |
Frequently Asked Questions (FAQs)
Q1: What is the deadline for carrying out a gas safety check?
Under the amended regulations, you can carry out the check up to two months before the current certificate expires, and the new certificate will still retain the original expiry date. However, the check must be completed within the 12-month cycle.
Q2: Does this mean I only need to check my gas appliances every 14 months?
No. The legal requirement for an annual check remains. The flexibility allows you to perform the check earlier, but the new certificate will be valid for 12 months from the original expiry date.
Q3: What happens if I can't get access to the property for the check?
The amended regulations partially help with access issues by allowing you to start the process earlier. If you still face access problems, you will need to follow the established legal procedures for gaining access, which may involve court action. The flexibility in scheduling does not remove the need for these procedures if access is denied.
Q4: Who is responsible for ensuring gas safety?
The landlord is responsible for ensuring that all gas appliances, pipework, and ventilation in the property are maintained in a safe condition. This includes arranging for an annual gas safety check by a Gas Safe registered engineer.
Q5: Where can I find a Gas Safe registered engineer?
You can find a Gas Safe registered engineer by visiting the official Gas Safe Register website or by contacting them directly. It is a legal requirement for anyone working on gas appliances in your property to be Gas Safe registered.
Conclusion
The introduction of 'MOT-style' flexibility for annual gas safety checks marks a positive development for landlords in the UK. By understanding these changes and implementing robust procedures, landlords can ensure they continue to meet their legal obligations effectively while managing their properties more efficiently. Prioritising tenant safety through regular and compliant gas safety checks is not just a legal requirement; it's a fundamental aspect of responsible property management. Always refer to the latest guidance from the HSE and ensure you engage with qualified Gas Safe registered engineers to maintain the highest standards of safety.
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