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Gas appliances - safety precautions
     26.  - (1) No person shall install a gas appliance unless it can be used without constituting a danger to any person.

    (2) No person shall connect a flued domestic gas appliance to the gas supply system except by a permanently fixed rigid pipe.

    (3) No person shall install a used gas appliance without verifying that it is in a safe condition for further use.

    (4) No person shall install a gas appliance which does not comply with any enactment imposing a prohibition or restriction on the supply of such an appliance on grounds of safety.

    (5) No person carrying out the installation of a gas appliance shall leave it connected to the gas supply unless - 

(a) the appliance can be used safely; or

(b) the appliance is sealed off from the gas supply with an appropriate fitting.

    (6) No person shall install a gas appliance without there being at the inlet to it means of shutting off the supply of gas to the appliance unless the provision of such means is not reasonably practicable.

    (7) No person shall carry out any work in relation to a gas appliance which bears an indication that it conforms to a type approved by any person as complying with safety standards in such a manner that the appliance ceases to comply with those standards.

    (8) No person carrying out work in relation to a gas appliance which bears an indication that it so conforms shall remove or deface the indication.

    (9) Where a person performs work on a gas appliance he shall immediately thereafter examine - 

(a) the effectiveness of any flue;

(b) the supply of combustion air;

(c) its operating pressure or heat input or, where necessary, both;

(d) its operation so as to ensure its safe functioning,

and forthwith take all reasonable practicable steps to notify any defect to the responsible person and, where different, the owner of the premises in which the appliance is situated or, where neither is reasonably practicable, in the case of an appliance supplied with liquefied petroleum gas, the supplier of gas to the appliance, or, in any other case, the transporter.

    (10) Paragraph (9) shall not apply in respect of - 

(a) the direct disconnection of the gas supply of a gas appliance; or

(b) the purging of gas or air from an appliance or its associated pipework or fittings in any case where that purging does not adversely affect the safety of that appliance, pipe or fitting.

Flues
     27.  - (1) No person shall install a gas appliance to any flue unless the flue is suitable and in a proper condition for the safe operation of the appliance.

    (2) No person shall install a flue pipe so that it enters a brick or masonry chimney in such a way that the seal between the flue pipe and the chimney cannot be inspected.

    (3) No person shall connect a gas appliance to a flue which is surrounded by an enclosure unless that enclosure is so sealed that any spillage of products of combustion cannot pass from the enclosure to any room or internal space other than the room or internal space in which the appliance is installed.

    (4) No person shall install a power operated flue system for a gas appliance unless it safely prevents the operation of the appliance if the draught fails.

    (5) No person shall install a flue other than in a safe position.

Access
     28. No person shall install a gas appliance except in such a manner that it is readily accessible for operation, inspection and maintenance.

Manufacturer's instructions
     29. Any person who installs a gas appliance shall leave for the use of the owner or occupier of the premises in which the appliance is installed all instructions provided by the manufacturer accompanying the appliance.

Room-sealed appliances
     30.  - (1) No person shall install a gas appliance in a room used or intended to be used as a bathroom or a shower room unless it is a room-sealed appliance.

    (2) No person shall install a gas fire, other gas space heater or a gas water heater of more than 14 kilowatt gross heat input in a room used or intended to be used as sleeping accommodation unless the appliance is a room-sealed appliance.

    (3) No person shall install a gas fire, other gas space heater or a gas water heater of 14 kilowatt gross heat input or less in a room used or intended to be used as sleeping accommodation and no person shall install an instantaneous water heater unless (in each case) - 

(a) it is a room-sealed appliance; or

(b) it incorporates a safety control designed to shut down the appliance before there is a build up of a dangerous quantity of the products of combustion in the room concerned.

    (4) The references in paragraphs (1) to (3) to a room used or intended to be used for the purpose therein referred to includes a reference to - 

(a) a cupboard or compartment within such a room; or

(b) a cupboard, compartment or space adjacent to such a room if there is an air vent from the cupboard, compartment or space into such a room.

Suspended appliances
     31. No person shall install a suspended gas appliance unless the installation pipework to which it is connected is so constructed and installed as to be capable of safety supporting the weight imposed on it and the appliance is designed to be so supported.

Flue dampers
     32.  - (1) Any person who installs an automatic damper to serve a gas appliance shall - 

(a) ensure that the damper is so interlocked with the gas supply to the burner that burner operation is prevented in the event of failure of the damper when not in the open position; and

(b) immediately after installation examine the appliance and the damper to verify that they can be used together safely without constituting a danger to any person.

    (2) No person shall install a manually operated damper to serve a domestic gas appliance.

    (3) No person shall install a domestic gas appliance to a flue which incorporates a manually operated damper unless the damper is permanently fixed in the open position.

Testing of appliances
     33.  - (1) Where a person installs a gas appliance at a time when gas is being supplied to the premises in which the appliance is installed, he shall immediately thereafter test its connection to the installation pipework to verify that it is gastight and examine the appliance and the gas fittings and other works for the supply of gas and any flue or means of ventilation to be used in connection with the appliance for the purpose of ascertaining whether - 

(a) the appliance has been installed in accordance with these Regulations;

(b) the operating pressure is as recommended by the manufacturer;

(c) the appliance has been installed with due regard to any manufacturer's instructions provided to accompany the appliance; and

(d) all gas safety controls are in proper working order.

    (2) Where a person carries out such testing and examination in relation to a gas appliance and adjustments are necessary to ensure compliance with the requirements specified in sub-paragraphs (a) to (d) of paragraph (1) above, he shall either carry out those adjustments or disconnect the appliance from the gas supply or seal off the appliance from the gas supply with an appropriate fitting.

    (3) Where gas is not being supplied to any premises in which any gas appliance is installed - 

(a) no person shall subsequently permit gas to pass into the appliance unless he has caused such testing, examination and adjustment as is specified in paragraphs (1) and (2) above to be carried out; and

(b) a person who subsequently provides a gas supply to those premises shall, unless he complies with sub-paragraph (a) above, ensure that the appliance is sealed off from the gas supply with an appropriate fitting.

Use of appliances
     34.  - (1) The responsible person for any premises shall not use a gas appliance or permit a gas appliance to be used if at any time he knows or has reason to suspect that it cannot be used without constituting a danger to any person.

    (2) For the purposes of paragraph (1) above, the responsible person means the occupier of the premises, the owner of the premises and any person with authority for the time being to take appropriate action in relation to any gas fitting therein.

    (3) Any person engaged in carrying out any work in relation to a gas main, service pipe, service pipework, gas storage vessel or gas fitting who knows or has reason to suspect that any gas appliance cannot be used without constituting a danger to any person shall forthwith take all reasonably practicable steps to inform the responsible person for the premises in which the appliance is situated and, where different, the owner of the appliance or, where neither is reasonably practicable, in the case of an appliance supplied with liquefied petroleum gas, the supplier of gas to the appliance, or, in any other case, the transporter.

    (4) In paragraph (3) above the expression "work" shall be construed as if, in the definition of "work" in regulation 2(1) above, every reference to a gas fitting were a reference to a gas main, service pipe, service pipework, gas storage vessel or gas fitting.

(a) in England and Wales, a statutory tenancy within the meaning of the Rent Act [a]1977[6] and the Rent (Agriculture) Act 1976[7]; and

(b) in Scotland, a statutory tenancy within the meaning of the Rent (Scotland) Act 1984[8], a statutory assured tenancy within the meaning of the Housing (Scotland) Act 1988[9] or a secure tenancy within the meaning of the Housing (Scotland) Act 1987[10];

"tenant" means a person who occupies relevant premises being - 

(a) in England and Wales - 


(i) where the relevant premises are so occupied under a lease, the person for the time being entitled to the term of that lease; and

(ii) where the relevant premises are so occupied under a licence, the licensee;



(b) in Scotland, the person for the time being entitled to the tenant's interest under a lease.

    (2) Every landlord shall ensure that there is maintained in a safe condition - 

(a) any relevant gas fitting; and

(b) any flue which serves any relevant gas fitting,

so as to prevent the risk of injury to any person in lawful occupation or relevant premises.

    (3) Without prejudice to the generality of paragraph (2) above, a landlord shall - 

(a) ensure that each appliance and flue to which that duty extends is checked for safety within 12 months of being installed and at intervals of not more than 12 months since it was last checked for safety (whether such check was made pursuant to these Regulations or not);

(b) in the case of a lease commencing after the coming into force of these Regulations, ensure that each appliance and flue to which the duty extends has been checked for safety within a period of 12 months before the lease commences or has been or is so checked within 12 months after the appliance or flue has been installed, whichever is later; and

(c) ensure that a record in respect of any appliance or flue so checked is made and retained for a period of 2 years from the date of that check, which record shall include the following information - 


(i) the date on which the appliance or flue was checked;

(ii) the address of the premises at which the appliance or flue is installed;

(iii) the name and address of the landlord of the premises (or, where appropriate, his agent) at which the appliance or flue is installed;

(iv) a description of and the location of each appliance or flue checked;

(v) any defect identified;

(vi) any remedial action taken;

(vii) confirmation that the check undertaken complies with the requirements of paragraph (9) below;

(viii) the name and signature of the individual carrying out the check; and

(ix) the registration number with which that individual, or his employer, is registered with a body approved by the Executive for the purposes of regulation 3(3) of these Regulations.

    (4) Every landlord shall ensure that any work in relation to a relevant gas fitting or any check of a gas appliance or flue carried out pursuant to paragraphs (2) or (3) above is carried out by, or by an employee of, a member of a class of persons approved for the time being by the Health and Safety Executive for the purposes of regulation 3(3) of these Regulations.

    (5) The record referred to in paragraph (3)(c) above, or a copy thereof, shall be made available upon request and upon reasonable notice for the inspection of any person in lawful occupation of relevant premises who may be affected by the use or operation of any appliance to which the record relates.

    (6) Notwithstanding paragraph (5) above, every landlord shall ensure that - 

(a) a copy of the record made pursuant to the requirements of paragraph (3)(c) above is given to each existing tenant of premises to which the record relates within 28 days of the date of the check; and

(b) a copy of the last record made in respect of each appliance or flue is given to any new tenant of premises to which the record relates before that tenant occupies those premises save that, in respect of a tenant whose right to occupy those premises is for a period not exceeding 28 days, a copy of the record may instead be prominently displayed within those premises.

    (7) Where there is no relevant gas appliance in any room occupied or to be occupied by the tenant in relevant premises, the landlord may, instead of ensuring that a copy of the record referred to in paragraph (6) above is given to the tenant, ensure that there is displayed in a prominent position in the premises (from such time as a copy would have been required to have been given to the tenant under that paragraph), a copy of the record with a statement endorsed on it that the tenant is entitled to have his own copy of the record on request to the landlord at an address specified in the statement; and on any such request being made, the landlord shall give to the tenant a copy of the record as soon as is practicable.

    (8) A copy of the record given to a tenant pursuant to paragraph (6)(b) above need not contain a copy of the signature of the individual carrying out the check if the copy of the record contains a statement that another copy containing a copy of such signature is available for inspection by the tenant on request to the landlord at an address specified in the statement, and on any such request being made the landlord shall make such a copy available for inspection as soon as is practicable.

    (9) A safety check carried out pursuant to paragraph (3) above shall include, but shall not be limited to, an examination of the matters referred to in sub-paragraphs (a) to (d) of regulation 26(9) of these Regulations.

    (10) Nothing done or agreed to be done by a tenant of relevant premises or by any other person in lawful occupation of them in relation to the maintenance or checking of a relevant gas fitting or flue in the premises (other than one in part of premises occupied for non-residential purposes) shall be taken into account in determining whether a landlord has discharged his obligations under this regulation (except in so far as it relates to access to that gas fitting or flue for the purposes of such maintenance or checking).

    (11) Every landlord shall ensure that in any room occupied or to be occupied as sleeping accommodation by a tenant in relevant premises there is not fitted a relevant gas fitting of a type the installation of which would contravene regulation 30(2) or (3) of these Regulations.

    (12) Paragraph (11) above shall not apply in relation to a room which since before the coming into force of these Regulations has been occupied or intended to be occupied as sleeping accommodation.

[7] 1976 c.80.back

[8] 1984 c.58.back

[9] 1988 c.43.back

[10] 1987 c.26.back