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Compliance Library — Guide CL11

Gas Safety & Electrical Safety:
What Every Landlord
Must Have

Gas Safety Certificates, EICRs, smoke alarms, CO alarms, and EPCs — the safety certificates every private landlord must hold, the deadlines for renewal, and the penalties for getting them wrong.

Criminal offence. Letting a property without a valid Gas Safety Certificate is not a civil matter — it is a criminal offence under the Gas Safety (Installation and Use) Regulations 1998, carrying an unlimited fine and up to two years' imprisonment.

Landlord Compliance Management →
Gas Safety (Installation and Use) Regulations 1998 Electrical Safety Standards Regulations 2020 MEES 2015 (as amended)
Annual
How often a Gas Safety
Certificate must be renewed
5 yrs
Maximum EICR cycle for
private rented properties
£30k
Maximum civil penalty
for EICR non-compliance
Overview

What Every Landlord Must Hold

Gas and electrical safety are the two compliance obligations most likely to result in criminal prosecution rather than a civil penalty. The Gas Safety (Installation and Use) Regulations 1998 and the Electrical Safety Standards in the Private Rented Sector (England) Regulations 2020 set clear, non-negotiable requirements. The penalties for getting them wrong are not just financial — a landlord without a valid Gas Safety Certificate is committing a criminal offence.

This guide covers what each certificate must contain, the deadlines for renewal and service on tenants, what happens when remedial work is required, and how the EPC minimum standard interacts with your letting obligations.

Key Facts at a Glance

  • Gas Safety Certificates (CP12) must be renewed annually by a Gas Safe registered engineer
  • The certificate must be served on the tenant within 28 days of the check, or before a new tenancy begins
  • EICRs must be carried out every 5 years and any remedial work completed within 28 days
  • EICR reports must be provided to tenants within 28 days and to local authorities within 7 days on request
  • EPCs must be valid (10 years) and the property must meet a minimum E rating — F and G rated properties cannot be legally let
  • Failure to hold a valid Gas Safety Certificate is a criminal offence — not just a civil penalty
Legislation covered
  • Gas Safety (Installation and Use) Regulations 1998
  • Electrical Safety Standards in the PRS (England) Regulations 2020
  • Smoke and Carbon Monoxide Alarm (Amendment) Regulations 2022
  • Minimum Energy Efficiency Standards (MEES) 2015

Not sure if your properties are fully compliant? Our £88 audit checks every certificate and reports gaps with a RAG rating.

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Gas Safety (Installation and Use) Regulations 1998

Gas Safety Certificates

The Legal Requirement

The Gas Safety (Installation and Use) Regulations 1998 require every landlord who provides gas appliances or flues to arrange an annual gas safety check by a Gas Safe registered engineer. The check must cover every gas appliance and flue in the property.

The resulting certificate — commonly called a CP12, after the form number — must be kept by the landlord for two years and a copy served on the tenant.

What the Certificate Must Cover

RequirementDetail
Who carries out the checkGas Safe registered engineer only — verify at gassaferegister.co.uk
FrequencyEvery 12 months — anniversary of the previous check, not the calendar year
What is checkedAll gas appliances, flues, and pipework provided by the landlord
Serve on existing tenantsWithin 28 days of the check being carried out
Serve on new tenantsBefore the tenancy begins — not on move-in day
RetentionLandlord must keep the record for two years
Local authority requestMust be provided within 28 days
⚠ Penalty Warning

Letting a property without a valid Gas Safety Certificate is a criminal offence under the Gas Safety (Installation and Use) Regulations 1998. On conviction, the penalty is an unlimited fine and up to two years' imprisonment. The Health and Safety Executive prosecutes landlords for this offence. There is no civil penalty route — this is criminal law.

Tenant-Owned Appliances

The gas safety obligation only applies to appliances provided by the landlord. If a tenant installs their own gas cooker or fire, the landlord is not required to include it in the annual check — but the landlord remains responsible for the gas supply pipework and any flues that serve those appliances.

Quick reminder
  • Gas Safe registered engineers only
  • Serve certificate within 28 days
  • New tenants: before tenancy starts
  • Keep records for 2 years
  • Covers landlord-provided appliances only
Electrical Safety Standards in the PRS (England) Regulations 2020

Electrical Installation Condition Reports (EICR)

The Legal Requirement

The Electrical Safety Standards in the Private Rented Sector (England) Regulations 2020 came into force for new tenancies from 1 July 2020 and all existing tenancies from 1 April 2021. They require landlords to ensure the electrical installation in a rented property is inspected and tested at least every five years by a qualified person.

What the EICR Covers

The EICR assesses the condition of the fixed electrical installation — wiring, sockets, consumer unit (fuse box), light fittings, and earthing. It does not cover portable appliances (PAT testing is separate and not a legal requirement for residential lettings).

The report uses a coding system:

CodeClassificationAction required
C1Danger presentImmediate remedial action required — property should not be let until resolved
C2Potentially dangerousUrgent remedial action required — within 28 days
C3Improvement recommendedNo legal obligation — improvement advised but not mandatory
FIFurther investigationInvestigation required before report can be completed
Key Point

A C3 recommendation does not require action. Many landlords incur unnecessary cost by treating C3 items as mandatory. Only C1 and C2 codes create a legal obligation to carry out remedial work within 28 days.

Deadlines and Service Requirements

RequirementDeadline
Inspection frequencyAt least every 5 years
Serve copy on existing tenantsWithin 28 days of the inspection
Serve copy on new tenantsBefore or on the first day of the tenancy
Complete remedial work (C1/C2)Within 28 days of the report — or sooner if specified by the electrician
Written confirmation of remedial work to tenantWithin 28 days of completion
Copy to local authority on requestWithin 7 days

Penalties for Non-Compliance

Local authorities enforce the EICR regulations. The penalty for non-compliance is a civil financial penalty of up to £30,000 per breach. A local authority can also carry out remedial works itself and recover the cost from the landlord.

EICR deadlines
  • Inspect every 5 years
  • Serve on existing tenant: 28 days
  • New tenants: on or before day one
  • C1/C2 remedial works: 28 days
  • Local authority request: 7 days
C3 is not mandatory

A C3 code is a recommendation only. You are not legally required to carry out C3 works. Only C1 and C2 create a legal obligation.

Smoke and Carbon Monoxide Alarm (Amendment) Regulations 2022

Smoke and Carbon Monoxide Alarms

The Smoke and Carbon Monoxide Alarm (Amendment) Regulations 2022 (which amended the 2015 Regulations) require:

  • At least one smoke alarm on every storey of the property where there is a room used as living accommodation
  • A carbon monoxide alarm in every room used as living accommodation where there is a fixed combustion appliance (including gas boilers — not just solid fuel)
  • Alarms tested and confirmed working at the start of every tenancy

The 2022 amendment extended the carbon monoxide requirement to gas appliances. Previously it only applied to solid fuel appliances. Any property with a gas boiler in a living space must have a CO alarm in that room.

Penalty

Failure to comply with the smoke and carbon monoxide alarm regulations carries a civil penalty of up to £5,000 per breach, enforced by the local authority.

Minimum Energy Efficiency Standards (MEES)

Energy Performance Certificates (EPC)

The Legal Requirement

An EPC is required before a property can be marketed for let and must be provided to prospective tenants free of charge. The certificate is valid for 10 years and must be renewed when it expires if the property is still being let.

Under the Minimum Energy Efficiency Standards (MEES), it is unlawful to let a property with an EPC rating of F or G — a property must achieve at least an E rating to be legally let on a new or renewed tenancy.

EPC Ratings and Legal Position

EPC RatingCurrent legal positionAction
A–ELawful to letNo action required (D/E — monitor 2028 proposal)
FUnlawful to letCannot grant new tenancy or renew existing tenancy
GUnlawful to letCannot grant new tenancy or renew existing tenancy

The Proposed 2028 Change

The government has consulted on raising the minimum EPC requirement for privately rented properties to a C rating by 2028. This proposal has not yet been enacted into law. Landlords with D and E rated properties should be aware that this may become a legal requirement and plan remediation works accordingly.

EPC checklist
  • Valid EPC before marketing
  • Certificate valid for 10 years
  • Minimum E rating to let legally
  • F/G: cannot grant or renew tenancy
  • Monitor 2028 proposal (C rating)
Practical guidance

Compliance Checklist

Annual checks

  • Gas Safety Certificate renewed — dated within last 12 months
  • Certificate served on all tenants within 28 days
  • Certificate retained for two years

Every 5 years

  • EICR carried out by qualified electrician
  • Copy served on tenant within 28 days
  • C1/C2 remedial works completed within 28 days
  • Written confirmation of remedial works provided to tenant

Every tenancy start

  • Gas Safety Certificate provided before tenancy begins
  • EICR provided at or before start of tenancy
  • Smoke alarms tested and confirmed working on every storey
  • CO alarms tested in all rooms with fixed combustion appliances
  • EPC provided — valid and rated E or above
Note

The £88 compliance audit from Neon Property Services checks all of these items across your tenancy documentation and reports any gaps with a RAG rating and prioritised action list.

Common questions

Frequently Asked Questions

How often does a Gas Safety Certificate need to be renewed?

Every 12 months. The renewal date is based on the anniversary of the previous check. It is good practice to arrange the check slightly before the anniversary to avoid any gap in certification.

Can I use any gas engineer for the annual check?

No. The check must be carried out by a Gas Safe registered engineer. You can verify registration at gassaferegister.co.uk. Using an unregistered engineer does not satisfy the legal requirement and the certificate will be invalid.

What is the difference between a Gas Safety Certificate and a boiler service?

They are different. A boiler service is maintenance work — it cleans, adjusts, and checks the performance of the boiler. A Gas Safety Certificate (CP12) is a legal compliance check that assesses the safety of the gas installation. A boiler service does not substitute for the annual Gas Safety check. Many engineers carry out both at the same visit.

Does the EICR cover plug-in appliances?

No. The EICR covers the fixed electrical installation only — wiring, sockets, consumer unit, and light fittings. PAT testing (portable appliance testing) covers plug-in appliances but is not a legal requirement for residential lettings.

My EICR has a C3 recommendation. Do I have to carry out the work?

No. A C3 code is an improvement recommendation only — it does not create a legal obligation. Only C1 (danger present) and C2 (potentially dangerous) codes require remedial work within 28 days. Choosing to act on C3 items may reduce future risk but is not mandatory.

My property has a gas boiler in the kitchen. Do I need a CO alarm?

Yes. Since the 2022 amendment to the regulations, a carbon monoxide alarm is required in every room used as living accommodation where there is a fixed combustion appliance. A gas boiler is a fixed combustion appliance. If the kitchen is used as living accommodation — which it is in most properties — a CO alarm is required.

What is the EPC minimum rating for letting?

E. Properties rated F or G cannot be legally let on new or renewed tenancies under the Minimum Energy Efficiency Standards. A valid EPC must be provided to prospective tenants before the property is marketed.

I cannot afford the works to bring my property to an E rating. What are my options?

There are exemptions available under MEES for properties where improvement works are not technically feasible, would cost more than the cost cap (currently £3,500), or where third party consent cannot be obtained. Exemptions must be registered on the PRS Exemptions Register. Operating under an invalid exemption — or without registering — does not protect you from enforcement.

Next steps

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