Gas Safety Certificate Rules

jamesjenkinsyates

My landlord did a gas safety inspection, it failed the inspection they then sent around a builder to "fix" the issue. I don't believe it fully fixed the issue, after a failed gas safety inspection and remediation does the landlord have an obligation for another one to be carried out to ensure it is now safe?

Thanks in advance!

James

fishpond

"My landlord did a gas safety inspection"
Why did your LL do a gas safety inspection, is he a registered gas fitter?
AFAIK A rental property without a valid gas cert is illegal.
Yours is not valid at the moment as the gas appliance has not passed.
Could also endanger life.

Gwhiz

I assume OP means the LL arranged for a test.

OP - yes they much arrange another as you need the certificate.

jamesjenkinsyates

So without a Passed gas safety certificate they are breaking the law? Despite them saying they took action to fix the issue mentioned on the failed test?

Also is there any legal stuff/website to prove this as they are getting quite aggressive on the issue.

I did mean that they arranged for it to occur.

G_M

* did you check that the 'builder' who 'fixed' the fault was GasSafe registered? No one who isn't registered can legally work on gas.

* Was a new certificate issued (by registered engineer)? No? Then LL is in breach of the law.

You can report a breach to HSE (Gas Safety Certificate rules)

kaya

G_M wrote: »

* did you check that the 'builder' who 'fixed' the fault was GasSafe registered? No one who isn't registered can legally work on gas.

* Was a new certificate issued (by registered engineer)? No? Then LL is in breach of the law.

You can report a breach to HSE (Gas Safety Certificate rules)

Afraid that's incorrect, anybody who deems themselves a competent person can work on gas and only needs to register with gas safe if they are getting paid for doing it , the first line of the gas regs states "anybody working on gas must be a competent person" and every other line is concerned with the responsibilities of employers and employees. There is no definition within the act of a "competent person" either . So if the landlord is a competent person and isn't acting as employer or employee he can do as much work on gas as he wishes, if his friend was the builder concerned and received no payment then he is working legally and within the law. I would urge anybody who thinks I'm wrong to find the gas regs online and check for themselves before piping up with an opinion on this , they are quite compact and simple to read . As with everything nowerdays the regs are just there as a money making scheme I'm afraid , same with the new window fitter rules, you can fit your own windows and need no qualifications to do so but if you want paying for your work you have to line someone else's pockets for the privilege. Gas safe staff are ignorant of the application of gas regs which is a complete farce, I exchanged about 20 e-mails with them before they admitted I was correct and did not need to pay their annual £1500 ransom in order to work on gas a volunteer for my local hospice. I am a qualified retired gas engineer in case anybody was wondering with 20 years experience

molerat

It is not a "Gas Safety Certificate", it is a "Gas Safety Record", there is no "Pass" or "Fail".

The LL has 2 obligations.
1) To have an annual gas safety inspection by a GSR engineer.
2) To maintain gas fixtures, fittings and appliances in a safe state.

He has complied with 1) by having the check done. There were defects noted and he has had these rectified, hopefully keeping records of the work carried out, to comply with 2).

From the HSE website http://www.hse.gov.uk/gas/landlords/safetycheckswhatif.htm

If defects are found, landlords must take appropriate action to ensure gas safety.
The gas safety check record contains the results of the annual gas safety check. It should be issued on completion of the checks and not delayed even if concerns are found and not delayed until necessary remedial action has been taken. The record is a ‘living document’ and landlords should supplement it with records of any follow-up action taken (if required). This would provide a full record of the gas safety within the property.

jjlandlord

kaya wrote: »

Afraid that's incorrect, anybody who deems themselves a competent person can work on gas

It's like for electrics work: A "competent person" has passed the relevant training and has registered in the relevant "competent person" scheme.

I believe that for gas work the only scheme is the Gas Safe Register.

See:
https://www.gov.uk/competent-person-scheme-current-schemes-and-how-schemes-are-authorised

If anyone could "deem themselves" competent it would end in a mess.

I don't know the details for gas work, but for electrics if you do restricted work and you are not a "competent person" you cannot self-certify and must the council to inspect and certify. For gas, I'm suspecting that work must be carried out by a competent person (ie. registered).

It does not matter whether you get paid for the work as the point is that the work is done according to regulations in all cases.

In fact, the HSE's website states: "It is illegal for an unregistered person to carry out work on any domestic gas appliance".

G_M

Thanks for that correction (come rant!) Kaya.

I did indeed make the assumption that "sent around a builder"implied the builder was employed/paid by the LL rather than a 'builder/friend' working for free.

One can only respond to the information as it is provided, and I believe the assumption was justified.

I also believe a (new) valid certificate is required, which must be issued by a GasSafe engineer, but feel free to correct me on this.

ps a link to the regs would be useful.

fishpond

James
google "Gas Safe Register" and read.
You need a certificate with passed on it for every gas appliance in the rental property.
End.

jamesjenkinsyates

Thanks people,

There appears to be two differing views. One that after remedial action is taken there needs to be another inspection and another that remedial action itself is enough.

Does anyone know which one is correct?