The General Product Safety Regulations 1994

(European Communities Act 1972)

Commencement:

The regulations came into force on 3rd October 1994.

Scope:

These regulations implement a European Council Directive (92/59/EEC) which was made in 1992.

The Regulations require:

- that any product supplied to a consumer in the course of a commercial activity, must be safe.

- a supplier should provide consumers with relevant information regarding the risks inherent in any product, where such risks are not immediately obvious without adequate warnings.

- a supplier should take steps to be aware of the risks associated with the use of supplied products

'product' means any product intended for consumers, or likely to be used by consumers, supplied whether for consideration (i.e.  payment) or not and in the course of a commercial activity.  It applies whether the product is new, used or reconditioned.

'safe' means any product which under normal or foreseeable conditions of use, including duration, does not present any risk or only the minimum risks compatible with the product's use, considered as acceptable and consistent with a high level of protection for the safety and health of persons, taking into account in particular:

(a) the characteristics of the product, including its composition, packaging, instructions for assembly and maintenance;

(b) the effect on other products, where it is reasonably foreseeable that it will be used with other products;

(c) the presentation of the product, the labelling, any instructions for its use and disposal and any other indication or information provided by the producer; and

(d) the categories of consumers at serious risk when using the product, in particular children, and the fact that higher levels of safety may be obtained or other products presenting a lesser degree of risk may be available shall not of itself cause the product to be considered other than a safe product.

In the letting of a residential property, whether furnished or unfurnished, a letting agent (or a landlord acting in the course of business) will be considered as a 'supplier' for the purposes of the above regulations.   Clearly then, a commercial landlord or agent should ensure that not only is the building itself safe, but all fixtures, fittings and other items supplied with the property are safe.

Recommended Action:

• Be aware of safety aspects or features of property generally; including building regulations, fire and smoke detection equipment, and electrical and gas appliances.
• List safety points for any high risk items (e.g. sharp objects, hot surfaces etc.) on an information sheet for tenants for a particular property.
• Retain and provide instruction manuals to tenants whenever possible.
• Check for obvious danger signs - worn leads, broken glass, sharp edges etc.
• (Agents) Inform landlords of their obligations under the regulations.

Exclusions and Indemnity:

1.  DUE DILIGENCE.  The regulations allow a defence where it can be shown that a person took all reasonable steps and exercised all due diligence to avoid committing the offence.

2.  EXCLUDED PRODUCTS.  The Regulations do not apply to:

(a)  second-hand products which are antiques (the Regulations do not define the meaning of 'antique' - presumably over 100 years old)

(b)  products where there are specific provisions in EU law governing safety of that product

(c)  products supplied for repair or reconditioning.

Penalty & Enforcement:

The enforcement body for these regulations is the Trading Standards Office of the respective local authority governing the area where the property is let.   This is probably the best point of reference if you require further guidance or interpretation of the regulations.

Maximum penalty for non-compliance is a fine of £5,000 or three months imprisonment or both.

Related Regulations:

The Gas Safety (Installation and Use) Regulations 1994

The Furniture and Furnishings (Fire)(Safety) Regulations 1988, 1989, 1993

The Electrical Equipment (Safety) Regulations 1994

Sources for Further Information:

• Local Trading Standards Officer
• HMSO:  Copy of the Regulations: S.I. 1994  No. 2328   available from HMSO: 0870 600 5522
• The Letting Centre, website: www.letlink.co.uk

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.