Gas Safety (Installation and Use) (Amendment) and (Amendment No.2) Regulations 1996

Commencement:

The amended Regulations came into force on April 01 1996 and a second amendment came into force on October 31 1996.

Scope:

The Regulations operate under the jurisdiction of the Health and Safety at Work Act 1974 and cover many aspects of gas safety.   Regulation 35 contains the main provisions that cover the responsibilities of landlords and their agents and this section has been substantially revised.  Please see FactSheet 7 for more information.

Key Amendment Provisions:

1) EXCLUDED LEASES.  Regulation 35A clarifies the scope of the regulations with regard to long leases.  For the purposes of the Regulations, a lease is now defined as:

(a) a lease for a term of less than 7 years; (or determinable within 7 years)

(b) a tenancy for a periodic term, or

(c) any statutory tenancy arising from (a) or (b)

2) EXCLUDED APPLIANCES.  The scope of the Regulations with regard to gas appliances owned by the tenant is now clarified:

"relevant gas fitting" means-

any gas appliance (other than an appliance which the tenant is entitled to remove from the relevant premises) or any installation pipework installed in any relevant premises; and ...

3) FLUES.   Flues are now included within the scope of the Regulations.  The new regulation 35(2) states:

'Every landlord shall ensure that there is maintained in safe condition -

(a) any relevant gas fitting; and

(b) any flue which serves any relevant gas fitting,

so as to prevent the risk of injury to any person in lawful occupation of relevant premises.'

4) GAS CHECK.  The new Regulation (35(6)) now specifies the content of the safety check as including:

an examination of:                '(a) the effectiveness of any flue,

                                            (b) the supply of combustion air,

                                            (c) its operating pressure and heat output,

                                            (d) its operation so as to ensure its safe functioning'

5) AGREEMENTS.  The new Regulation 35(7) confirms that a landlord may not 'contract out' of his obligations under the Regulations by making an agreement or stipulation on the tenant under the lease that the tenant must arrange for servicing of gas appliances.  It states:

'Nothing done or agreed to be done by a tenant of relevant premises or by any other person in lawful  occupation of them in relation to the maintenance or checking of a relevant gas fitting or flue in the  premises shall be taken into account in determining whether a landlord has discharged his obligations under this regulation (except in so far as it relates to access to that gas fitting or flue for the purposes of such maintenance or checking).'

6) REPAIRS.  The new Regulation 11 requires that any person who is considered to be in control of works that affect existing gas fittings must take all reasonable precautions and actions to ensure that the gas fittings are not brought out of line with the regulations.  This includes not only checking after works where it seems obvious that gas appliances may be affected, but also in circumstances where the dangers are less apparent such as the installation of double glazing which may include the removal or replacement of air bricks. 

7) GAS WATER HEATER.  The definition for gas water heater has been extended to include a gas fired central heating boiler clarifying that this falls within the scope of the regulations.

8) STORAGE AND KEEPING OF NATURAL GAS.  Natural gas may not be kept or stored on domestic premises.

No.2 Amendment:

1.  RECORDS.  The amendment regulations place a positive duty on landlords to ensure that their tenants receive a copy of the gas safety report.  The amended Regulations state that 'a copy of the record ..... is to be given to each existing tenant....'.  Thus all tenants must receive an individual copy of the report within 28 days of the check being completed and it can be presumed that a similar interpretation should be applied to the provisions relating to new tenants as described in the paragraph below.  The report should be completed by the CORGI registered engineer and include details of the gas appliances or flues in the property, the dates of inspection, any defects identified and any remedial action taken.

The landlord must provide a copy of the record to any new tenants before they move into the property to which the record relates.  If the period of letting is for 28 days or less, then a copy of the record may instead be prominently displayed at the premises.

Existing tenants do not need to receive a copy of the gas check until  one is completed after 31 October 1996.  However, a copy of the existing gas safety report still has to be made available should any tenant wish to examine one.

The Regulations also require that the safety check and inspection records are preserved for a period of two years.

2. FLUES.   In addition, there are a number of minor or inconsequential amendments to the Regulations.  In the main, these act to add and include the flue to references in Regulation 35A which previously related only to the appliance itself.

Sources for Further Information:

• Copy of the Regulations (SI 1996 No. 550 / SI 1996 No. 2541) - The Stationery Office on 0870 600 5522 or their website: www.tso.co.uk 
• The Letting Centre, website: www.letlink.co.uk
• Gas Safety Action Line - Tel 0800 300363

This summary is intended to assist landlords and letting agents to understand the effect of the Regulations.  It is not an authoritative interpretation - this is a matter for the courts.  For more detail, you should refer to the text of the Regulations themselves.