April 2, 2024

How Building Regulations and Gas Safe Certificates Protect You

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The gas safe certificate and the building regulations certificate are two different things, but in a sense, they are interrelated. A gas safety certificate is legally binding for Landlords of all domestic and non-domestic properties under the provisions of Gas Safety (Installation and Use) Regulations 1998, commonly referred to as GSIUR. The GSIUR requires that every gas appliance installed in domestic or non-domestic properties must be inspected for gas safety once a year by a Gas Safe Registered Engineer. On successful completion of the inspection, the engineer is authorized to issue the gas-safe certificate for that property.

On the other hand, Building Regulations are formulated to ensure that the building or property is safe for use and living. As an integral part of these regulations, the landlords are required to inform the local authorities whenever a heat-producing gas appliance, such as a boiler, is installed in a property, whether domestic or non-domestic so that a Building Regulation Compliance Certificate can be issued for that property.

Gas Safe Certificate – Process of Issuance

The purpose of GSIUR is to ensure the safety of the occupants of all residential and commercial properties in the UK against possible gas mishaps. Accordingly, the law binds all landlords and property owners to arrange an annual inspection of all the gas appliances installed in the property by a gas-safe registered engineer. Once the inspection is successfully done and all the gas appliances are declared fit for use, the engineer issues a gas safety certificate. This certificate remains valid for one year and needs to be renewed before the expiry of the current certificate.

Building Regulations Compliance Certificate – Process of Issuance

The building regulations, as currently enforced in the UK, are specifically meant for the safety of the occupants and the buildings. Every building owner is required to comply with all these regulations to make sure that the property is fit for use. One of the provisions of Building Control Regulations in the UK pertains to the safe use and installation of a heat-producing gas appliance, may that be a boiler or any other such equipment.

The Building Regulations require that whenever any such gas-operated heat-producing unit is installed on the property, it must be notified to the local authorities. When a gas-safe registered engineer conducts such installation on your premises, he is bound to do so following the building regulations. He is further required to notify the relevant authorities of this installation within 30 days of installation. Being a property owner, it is also obligatory for you to make sure that the gas-safe registered engineer has notified this installation to the concerned authorities.

Additionally, some manufacturers of gas appliances can also notify you of the installation of a heat-producing gas appliance on your property.

On receipt of the notification either from a gas safe registered engineer or directly from the manufacturer, the Gas Safe Register will confirm the same to the relevant local building control authority for issuance of a Building Regulations Compliance Certificate. They are bound to issue this within 10 to 15 days upon receipt of confirmation from the gas safe register.

Important for Building Owners

  1. The gas-safe registered engineer must notify installation of any heat-producing gas appliance on your property within 30 days. Make sure he does it without fail.
  2. The Building Regulations Compliance Certificate belongs to the property for which it is issued. So, make sure you safely store it for future reference. You may need to produce it when selling or renting out our property.
  3. In case you have somehow lost this important document, you have the option to get a duplicate copy of the building regulations compliance certificate. You may, however, have to pay the prescribed fee for that.

Safety Certificate Declaration

Installation of heat-producing gas appliances is covered under the Building Control Regulations, which binds the landlords to obtain a building regulations compliance certificate on the installation of any such appliances in their buildings. But installation of flue-less cooking appliances, like hobs and cookers does not fall under the ambit of these regulations.

However, landlords are expected to voluntarily notify any such installation for the issuance of a Declaration of Safety Certificate.

Appliances That Need to be Notified for Issuance of Building Regulations Compliance Certificate 

Under the provisions of Building Regulations, the installation of the following type of gas appliances needs to be notified for issuance of a Building Regulations Compliance Certificate:

  • Gas-fired condensing boiler up to 70kW
  • Gas-fired non-condensing boiler up to 70kW
  • Gas-fired condensing boiler over 70kW
  • Gas-fired non-condensing boiler over 70kW
  • Flue gas heat recovery device with a domestic gas condensing boiler
  • Gas-fired radiant heating system
  • Gas-fired water heater
  • Gas-fired warm air heating system up to 70kW
  • Gas-fired warm air heating system over 70kW
  • Fluid gas cooking range/hot water boiler

How Building Regulations Certificates Protect You?

Building regulations are meant to protect the occupants of domestic and non-domestic properties. Here is a brief description of how these regulations protect you:

  • Building regulations are made and meant to protect the safety and health of the occupants and other people in and in the vicinity of a particular building.
  • These regulations improve energy conservation efforts.
  • Fuel and power are saved by complying with these regulations.
  • These regulations are also beneficial for the environment conservation.
  • Being the mandatory regulations, compliance protects you from any possible legal and punitive actions that may lead to fines and imprisonment.
  • Non-compliance with these regulations will result in non-issuance of the Building Regulations Compliance Certificate. In the absence of this certificate, your insurance might become void.
  • If you don’t get a compliance certificate, you may face difficulty in selling your property.

How Gas Safety Certificates Protect You?

A gas safety certificate is a legal requirement for every landlord of residential and commercial properties. The safety of the tenants and other occupants, against possible gas accidents, is the prime responsibility of the owners and landlords. That makes this certificate so important.  

Here's a brief description of how a gas safety certificate protects you:

  • The gas safe certificate is a piece of documentary evidence in your hands that all the gas appliances were installed on your property strictly by the rules and regulations.
  • Under the provisions of GSIUR, you are required to give your tenants a copy of the gas safety certificate. Failing to do so may result in complications for you that may lead to legal action. Hence, a valid gas certificate is always beneficial and will protect you from many possible complications.
  • In case of any mishap related to gas in your property, the first thing that will protect you from any legal complications is the gas safety certificate. The nonexistence of a valid gas safety certificate may result in serious consequences for you. It may include heavy penalties and possible imprisonment for up to 6 months.
  • If you don't have any gas appliances installed in your home, you are still required to get a gas safety certificate. Reason? The provision of gas at your home is your responsibility as a landlord. When you rent out this property, your tenant may use his gas appliances. You will be at fault if you don't have a valid gas safety certificate. In this case, you may face legal action. To avoid any such unwanted eventuality, you must get a gas safety certificate, even if you don't have any gas appliances installed at your home.
  • In case of any mishap in your premises that may result in loss of human life, you may have to face a very serious legal action. But if you have a valid gas safety certificate, you have legal protection against any such happenings.
  • Failure to get a valid gas safety certificate may result in insurance cancellation. Under the law, you may not be able to evict your tenant. So, make sure you always have a valid gas safety certificate.

Conclusion

Building regulations and gas safety rules are designed to protect people and properties against the possible risks of gas-related accidents. These regulations are made for your protection and safety. Compliance with these rules and regulations is, therefore, very important for you, especially if you are a business owner or a landlord of a residential or commercial property.

Completing the formalities may take a little time. It may also involve a nominal cost, but doing so can save and protect you from a lot of possible trouble in non-compliance with these regulations.

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