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Flue Testing Part of Regulation 36 1998

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Legal Requirements               Regulation 36 1998

Flue Testing                     Landlord Safety Check

Summary on Clarification of Regulation 36 of the Gas Safety (Installation & Use) Regulations 1998

Important Summary on Clarification of Regulation 36 of the Gas Safety (Installation & Use) Regulations 1998 in Accordance with Gas Safe Recommendations

Regulation 36 (Duties of Landlords) places two main duties on Landlords:

  • Ensure that gas appliances/flues and installation pipework are maintained in a safe condition.
  • an annual gas safety check is carried out on relevant gas appliances and their flues.

It should be remembered that these duties are separate but could be undertaken at the same time and extend to any portable gas appliances which may have been hired out by the Landlord, for example, an LPG cabinet heater.

Landlords should ensure that:

  • All gas work is carried out by a Gas Safe registered gas installer.
  • All safety checks take place within 12 months of the previous check or in the case of new/replacement gas installations, within 12 months of being installed, which ever is later.
  • Records or each safety check are retained for 2 years.
  • The tenant receives a copy of the gas safety record within 28 days of the check being completed.
  • Any new tenant receives a copy of the current gas safety record before they take up residence.
  • If the occupancy is less than 28 days, for example, rented holiday accommodation, a copy of the current gas safety record may be displayed within those premises in a prominent position.

What information should the gas safety record contain?

  • Address of the premises.
  • Name and address of the Landlord (or managing agent) responsible for maintaining the gas safety check obligations.
  • Date on which each appliance or flue was description and location of each appliance or flue checked.
  • Confirmation that a visual inspection of the exposed parts of the gas installation pipework has been carried out (see note 1).
  • Any defect identified.
  • Any remedial action taken.
  • confirmation that the checks undertaken comply with the requirements of the Gas Safety (Installation & Use) Regulations 1998. (This would include Regulation 26 (9) see note 2 below).
  • Name and signature of the person carrying out the checks.
  • Gas Safe registration number of the individual or his employer.

Note 1: It is also recommended that a test for gas tightness be carried out on the whole of the gas installation.

Note 2: Regulation 26 (9) requires that where a person performs work on a gas appliance the following checks shall be made:

  • The effectiveness of any flue
  • the supply of combustion air
  • Its operating pressure or heat input or, where necessary, both
  • Its operation so as to ensure safe functioning.

The duties of Regulation 36 cover a wide range of accommodation premises. Types of premises will include:

  • Residential homes provided by Local Authorities, Housing Associations, Private Landlords and Housing Co-operatives.
  • Bedsitting rooms.
  • Rooms let in Private households.
  • Bed and breakfast accommodation.
  • Holiday homes including: chalets, cottages, caravans (including touring and motorised touring caravans) and narrow boats on inland waterways.
  • Hotels.
  • Hostels
  • College/University accommodation.

Note: The List is quite extensive and the Landlord may need to seek further advice to ensure that he/she complies with the Regulations.

With regards to a boiler being located remote to the residential areas but providing heat to the areas of the property, this would also be covered by the Regulation even though the tenant may not have access to the appliance or flue. Areas such as bars, restaurants or sitting rooms in a hotel would also be covered if these were served by, for example, a gas fire for the residents benefit.

What equipment is covered by the Landlord duties?

The duties of the Landlord are covered by Regulation 36. This requires that Landlords responsibilities extend to any flue or chimney which serves any relevant gas fitting which the tenant would not be entitled to remove from the premises once they vacate.

Note: Pipework and appliances are regarded as a gas fitting.

Flues and chimneys serving the tenants own appliances are not covered under Regulation 36, however, it is important to note that Landlords have a “duty of care” under the Health & Safety at Work etc Act 1974 (HSWA). This places an obligation on the Landlord to ensure that any chimney or flue which serves a tenant’s own appliance be maintained to effectively remove products of combustion safely. This might mean implementing a programme of routine maintenance.

Open-flued appliances in rooms being used as temporary sleeping accommodation.

This would usually apply to the elderly, sick or disabled who find difficulty in using their normal bedrooms. This would be regarded as ‘temporary’ 

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