Northampton · West Northamptonshire

Legal Requirements: Gas Safety Regulations 1998, Regulation 36

This is the statute behind every CP12. Landlord duties are set out in Regulation 36 of the Gas Safety (Installation and Use) Regulations 1998 (SI 1998/2451).

Regulation 36(3) — the three core duties

1. Annual safety check: ensure each gas appliance and flue is checked for safety within 12 months of installation, and at intervals of not more than 12 months since the last check, by a Gas Safe registered engineer (or a member of an equivalent class of person approved by HSE). 2. Records: keep a record of each check for at least 2 years. The record must state the appliances and flues checked, defects identified and remedial action taken, the date, the engineer's name and registration number, and the property address. 3. Tenant copies: give a copy of the record to each existing tenant within 28 days of the check, and to any new tenant before occupation.

Who counts as competent

Since 2009, gas work must be done by engineers on the Gas Safe Register. Always verify the licence number printed on the engineer's ID card at the Gas Safe Register — each engineer holds a personal seven-digit licence, and businesses hold a registration covering their engineers.

Breach and enforcement

Contravention of Regulation 36 is a criminal offence (Regulation 7 framework, prosecuted by the Health and Safety Executive). Sanctions: unlimited fine and/or imprisonment. Where a tenant suffers harm, sentencing escalates sharply and civil liability follows. Northamptonshire landlords have been prosecuted for lapsed certificates even without any incident — the offence is the lapse itself.

The related statutes you'll meet

• Defective Premises Act 1972 — landlord's duty of care for premises maintenance.
• Housing Act 2004 (HHSRS) — local authority hazard assessment; gas safety is one of the 29 hazards. Northampton Borough/ West Northamptonshire Council enforcement can run in parallel with HSE.
• Tenancy agreements — the duty cannot be contracted away to the tenant, even with a clause.