Under the 1998 Gas Safety Regulations a landlord in England must have every gas appliance and flue they provide checked by a Gas Safe registered engineer every 12 months, keep the record at least two years, and give tenants a copy within 28 days and before move-in. Breach is a criminal offence: an unlimited fine, up to two years' imprisonment.
By Stevie Hayes · Updated 27 October 2026 · Figures checked against legislation.gov.uk and GOV.UK on 27 October 2026 · How we verify · Report a problem with this page · Statutory penalties are maximums; councils and courts decide the amount.
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| Fact | Position | Since / status | Source |
|---|---|---|---|
| Interval | Each appliance and flue checked at intervals of not more than 12 months, and within 12 months of installation | reg 36(3)(a) | Gas Safety (Installation and Use) Regulations 1998, SI 1998/2451, reg 36 (duties of landlords) |
| Early check | A check in the two months before the deadline is treated as made on the deadline date | 6 April 2018, reg 36A(1) | SI 1998/2451, reg 36A (date when the next safety check is due), inserted by SI 2018/139 from 6 April 2018 |
| Who checks | A Gas Safe registered engineer: the class approved by HSE under reg 3(3), or their employee | reg 36(4) | Gas Safety (Installation and Use) Regulations 1998, SI 1998/2451, reg 36 (duties of landlords) |
| New tenancy | Checked within the 12 months before the tenancy begins; a copy of the last record given before the tenant occupies | reg 36(3)(b), 36(6)(b) | Gas Safety (Installation and Use) Regulations 1998, SI 1998/2451, reg 36 (duties of landlords) |
| Copy to existing tenants | Within 28 days of the date of the check | reg 36(6)(a) | Gas Safety (Installation and Use) Regulations 1998, SI 1998/2451, reg 36 (duties of landlords) |
| Retention | Until two further checks have been done (the current record and the one before it), or two years from the last check of a removed appliance | reg 36(3)(c), amended 6 April 2018 | Gas Safety (Installation and Use) Regulations 1998, SI 1998/2451, reg 36 (duties of landlords) |
| Penalty | Criminal offence prosecuted by HSE: a fine with no statutory ceiling, or imprisonment of up to two years on indictment, or both | HSWA 1974 s.33(1)(c), Sch 3A | Health and Safety at Work etc. Act 1974 Sch 3A (mode of trial and maximum penalty), as amended by SI 2015/664 |
| Defence | No offence where the landlord shows all reasonable steps were taken to prevent the contravention | reg 39 | SI 1998/2451, reg 39 (exception as to liability: all reasonable steps) |
A landlord gas safety certificate is the record of the annual safety check that a Gas Safe registered engineer makes on every gas appliance and flue a landlord provides in a rented home in England; the law calls it a record, not a certificate, and it is the document a landlord must keep and copy to tenants. Regulation 36 of the Gas Safety (Installation and Use) Regulations 1998 requires a landlord to have each gas appliance and flue they provide checked for safety, and to "ensure that a record in respect of any appliance or flue so checked is made and retained". That record is what engineers, agents and tenants call the landlord gas safety certificate, the gas safety record, or the CP12, which HSE describes as the form's former name. The engineer fills it in; the landlord must make sure it is made, keep it and give copies out.
Under regulation 36(3)(c) the record must show nine things: the date of the check, the address, the landlord's name and address (or the agent's), a description and the location of each appliance or flue checked, any safety defect identified, any remedial action taken, confirmation that the check covered the matters in regulation 26(9), the name and signature of the engineer, and the Gas Safe registration number. HSE says one record normally lists every appliance and flue in the property, and that it may be stored and sent electronically, with "a paper copy if they ask for it" (HSE: gas safety check records).
This guide covers England. It describes the law; it is not advice on your tenancy.
Every landlord in England who lets residential premises for money or money's worth under a tenancy of less than seven years, a periodic tenancy or a licence needs one for each gas appliance and flue they provide, and that includes a lodger's room, a flat above a shop and holiday lets; the duty cannot be shifted to the tenant. Regulation 36(2) puts the duty on "every landlord": they "shall ensure that there is maintained in a safe condition" any relevant gas fitting and any flue serving it. A "relevant gas fitting" is any gas appliance or installation pipework installed in the premises, or serving them from elsewhere in the landlord's building (a communal boiler, for example), other than an appliance the tenant is entitled to remove and anything used only in a non-residential part (regulation 36(1)). The duty attaches to "relevant premises": premises occupied for residential purposes, for money or money's worth, under a lease or a licence. A "lease" here means "a lease for a term of less than 7 years" or "a tenancy for a periodic term", so an ordinary assured periodic tenancy, a room let to a lodger and a licence all count. HSE's own list of who is caught includes a lodger paying rent, live-in domestic staff, a flat above a shop, and hotels and bed and breakfasts (HSE: who needs gas safety checks), and its FAQs add rented holiday accommodation such as chalets, cottages, flats and caravans (HSE: landlords and gas safety FAQs).
The duty cannot be passed to the tenant. Regulation 36(10) says that "nothing done or agreed to be done by a tenant" counts towards the landlord's compliance, except as to access. HSE adds that a full repairing lease "cannot be used to transfer these responsibilities to a tenant" (HSE: dealing with tenants). A tenant who takes in lodgers does not become the landlord for these purposes and the duty stays with their landlord; where a property is wholly sub-let, HSE says the duties can overlap and the contract "must clearly allocate the responsibility" for the check (HSE: who needs gas safety checks). HSE also says appliances the tenant owns are the tenant's to check, while the landlord remains responsible for the pipework and for any flue that also serves a landlord's appliance.
The check itself must be done by "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)" (regulation 36(4)). That class is the Gas Safe Register. HSE's guidance is blunt: "All checks must be done by a Gas Safe registered engineer", and a former gas fitter who is no longer registered may not do their own (HSE: who can do the check). Regulation 3(7) makes it an offence to "falsely pretend to be a member" of that class.
One further landlord duty sits in the same regulation. In a room used as sleeping accommodation, the landlord must not have fitted a gas fire, space heater or water heater of a type regulation 30(2) or (3) bans there (in short, one that is not room-sealed or has no safety shut-down), unless the room was already used, or intended to be used, for sleeping before the Regulations came into force on 3 October 1998 (regulation 36(11) and (12)).
Every 12 months: each appliance and flue must be checked within 12 months of installation and then at intervals of no more than 12 months, and a check made in the two months before the deadline keeps the original anniversary, so booking within those two months never shortens the year. Regulation 36(3)(a) sets the interval. Each appliance and flue must be "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". The clock runs from the date of the last check, whoever arranged it.
Since 6 April 2018 regulation 36A lets you check early without losing time. Where a check "is or was completed within the period of 2 months ending with the deadline date, that check is to be treated … as having been made on the deadline date". So a check due on 30 June done on 15 May keeps 30 June as the anniversary for next year. The same regulation allows, "only once in relation to each appliance or flue", a check up to two months after the deadline, and only "in order to align the deadline date" of that appliance with the others in the property; HSE's example is a new appliance fitted part-way through the year (HSE: what if the appliance is less than a year old). HSE notes that if you rely on the early-check flexibility you "will have to demonstrate" that the checks were made within the required timescales, which is why the record now has to be kept until two further checks have been done (HSE: gas safety check records).
| Situation | Rule | Provision |
|---|---|---|
| Existing tenancy | Each appliance and flue checked at intervals of not more than 12 months | reg 36(3)(a) |
| Check done in the last two months before the deadline | Treated as done on the deadline date, so the anniversary does not move earlier | reg 36A(1) |
| Aligning a new appliance with the others | One check may be made up to two months after its deadline, once only, to bring it into line | reg 36A(2), (3) |
| New tenancy | Checked within the 12 months before the lease begins, or within 12 months of installation, whichever is later | reg 36(3)(b) |
| New appliance | Checked within 12 months of being installed | reg 36(3)(a) |
The check must include, as a minimum, the four matters in regulation 26(9): "the effectiveness of any flue", "the supply of combustion air", the appliance's "operating pressure or heat input" (or its combustion performance where those cannot be measured), and "its operation so as to ensure its safe functioning" (regulation 36(9)). Installation pipework is not part of the annual check; HSE recommends asking the engineer to test the whole system for soundness at the same time (HSE: maintenance of gas pipework).
Existing tenants must have a copy within 28 days of the check and new tenants must have a copy of the latest record before they move in; where no appliance is in a room the tenant uses, or the let is 28 days or less, a prominently displayed copy can take its place. Regulation 36(6) sets two deadlines. A copy of the record must be "given to each existing tenant of premises to which the record relates within 28 days of the date of the check", and a copy of the last record for each appliance and flue must be "given to any new tenant of premises to which the record relates before that tenant occupies those premises". Where the tenant's right to occupy is for 28 days or less, as in holiday accommodation, the copy "may instead be prominently displayed within those premises".
Regulation 36(7) allows one more alternative: where there is no gas appliance in any room the tenant occupies, the landlord may instead display a copy "in a prominent position in the premises" endorsed with a statement that the tenant may have their own copy on request at a stated address, and must then provide it "as soon as is practicable". Regulation 36(5) separately requires the record to be made available for inspection, on request and reasonable notice, by anyone in lawful occupation who may be affected by an appliance.
A record is valid for a new tenancy only if it is still inside its 12 months. HSE says that if "the new tenancy begins within this twelve-month period, this record remains current and you can copy it on to the new tenants" (HSE: what if the record is still valid when the tenancy ends); where an appliance may have been tampered with, or the property was at risk of vandalism while empty, HSE recommends a fresh check before anyone moves in (HSE: maintenance of gas appliances and flues).
Until two further annual checks have been done, which in practice means the current record and the one before it, or two years from the last check for an appliance that has been removed; electronic copies are acceptable if they can be printed and identify the engineer. Regulation 36(3)(c), as amended in 2018, requires the record to be "retained until there have been two further checks of the appliance or flue under this paragraph or, in respect of an appliance or flue that is removed from the premises, for a period of 2 years from the date of the last check of that appliance or flue". HSE summarises this as "at least two years", and says electronic storage is acceptable provided the copy can be reproduced on paper, is secure, and uniquely identifies the engineer (HSE: gas safety check records).
Keep the chain unbroken. A landlord who cannot produce the current record and the one before it will struggle to show the 12-month intervals were kept or that a regulation 36A early check applied. Keeping more than the law requires costs nothing and answers the question before it is asked.
There is no fixed or statutory price for a landlord gas safety certificate: the engineer sets the charge, the regulations fix only who may do the check, what it must cover and what the record must contain, and HSE's advice is to get three quotes. HSE says: "Gas Safe Register has no control over engineers' charges. It is advised that you obtain quotes from three different engineers before hiring someone" (HSE: landlords and gas safety FAQs). The price is the engineer's; what the law fixes is who may do the work, what the check must cover, and what the record must contain. A cheaper check that leaves out a flue or an appliance leaves that appliance or flue unchecked, and the landlord in breach of regulation 36.
Not having a current gas safety check is a criminal offence prosecuted by the Health and Safety Executive, carrying a fine with no statutory ceiling in either court and up to two years' imprisonment on indictment; unlike the EICR duty, which the council enforces by civil penalty, this one goes to a criminal court. The Gas Safety Regulations are health and safety regulations, and the regulation 36 offence is prosecuted by HSE. Councils come in separately: a licensed HMO or a property under selective licensing must produce a gas safety certificate obtained within the last 12 months to the council every year as a condition of the licence (Housing Act 2004, Schedule 4, paragraph 1(2)), and breaking a licence condition is itself an offence (section 72(3) for an HMO licence, section 95(2) for a selective licence); the council can also treat an unsafe appliance as a hazard under the Housing Health and Safety Rating System in Part 1 of the 2004 Act. Under section 33(1)(c) of the Health and Safety at Work etc. Act 1974 it is an offence "to contravene any health and safety regulations", and Schedule 3A sets the penalty for that offence: on summary conviction in the magistrates' court, imprisonment up to the general limit for that court, "or a fine, or both"; on conviction on indictment, "imprisonment for a term not exceeding two years, or a fine, or both". The fine has no statutory ceiling in either court: the former cap on the magistrates' fine for this offence was removed on 12 March 2015 by regulations made under the Legal Aid, Sentencing and Punishment of Offenders Act 2012, as the annotations to Schedule 3A record. HSE's own wording is that a breach "could result in a substantial fine and/or a custodial sentence".
There is one statutory defence. Under regulation 39 no one is guilty of an offence for contravening regulation 36 "in any case in which he can show that he took all reasonable steps to prevent that contravention". That is the provision a landlord relies on when a tenant refuses access. HSE's guidance on what "reasonable steps" look like is specific: leave a notice that an attempt was made, write to the tenant explaining the check is a legal requirement, offer them the chance to arrange their own appointment, and keep every letter; inspectors "will look for repeated attempts", and a court decides whether what was done was reasonable (HSE: dealing with tenants). Force may not be used to enter.
Since 1 October 2022 (SI 2022/707, regulation 1) a related duty, enforced by the council rather than HSE, has applied: in England a carbon monoxide alarm must be provided in any room used as living accommodation containing a fixed combustion appliance other than a gas cooker (SI 2015/1693, regulation 4(1)(a)(ii), as amended). The alarm regulations and their penalty are covered in what certificates landlords need; a gas appliance left unsafe is also a hazard the council can act on under the Housing Health and Safety Rating System, and the repair deadlines of Awaab's Law, not yet in force for private landlords, are explained in Awaab's Law for private landlords.
The ComplyWithMe Landlord app works out the next due date from the date on the record, applies the two-month rule, reminds you ahead of the deadline, and keeps the record with the dated note of when each tenant received their copy.
Government changes that bear on this duty. Where the status says in force the rule already applies; everything else is not yet law for private landlords. Dates are quoted as the government has published them, checked on 15 October 2026.
| Change | Status today | Published timing | Sensible preparation |
|---|---|---|---|
| Awaab's Law extended to private rented tenancies: fixed timescales to investigate and make safe serious hazards such as damp and mould | consultation open | Consultation published 9 October 2026, closes 18 December 2026; the government's impact assessment models phased implementation in 2028, 2029 and 2030. Not in force for private landlords. | Log every repair report with the date received and the date fixed, and keep dated photographs; the social-sector rules already turn on those dates. Source |
| A Decent Homes Standard applied to the private rented sector for the first time, enforced by councils | consultation closed, response awaited | Consulted 2 July to 12 September 2025 with a proposed start in 2035 or 2037; the roadmap lists implementation as "TBC, subject to consultation" | Nothing is required yet; the government's stated expectation is that landlords start works earlier where feasible. Source |
Every 12 months. Regulation 36(3)(a) of the Gas Safety (Installation and Use) Regulations 1998 requires each appliance and flue to be checked "at intervals of not more than 12 months since it was last checked for safety", and within 12 months of installation. A check done in the two months before the deadline counts as done on the deadline date (regulation 36A), so it does not shorten the year.
The law sets no fee. HSE says Gas Safe Register "has no control over engineers' charges" and advises getting quotes from three engineers. What is fixed is the content: the check must cover every appliance and flue the landlord provides and the record must contain the nine items in regulation 36(3)(c).
The former name of the landlord gas safety record: HSE says the record was previously referred to as a gas safety record, certificate or CP12 form. The regulations use none of those terms: regulation 36(3)(c) calls it a record. Any document with the nine required items, signed by a Gas Safe registered engineer with their registration number, is the record whatever the heading says.
Twelve months from the date of the check, unless the check was done in the two months before the deadline, when the year runs from the deadline date (regulation 36A). A new tenant may be given the existing record only if the tenancy begins inside that period (regulation 36(3)(b) and 36(6)(b)); otherwise a fresh check is needed before the tenancy begins.
Only a member of the class approved by the Health and Safety Executive under regulation 3(3), which is the Gas Safe Register, or their employee (regulation 36(4)). HSE's guidance is that a landlord who used to be a gas fitter may not do their own check unless currently registered.
Yes. Before a new tenancy begins each appliance and flue must have been checked within the previous 12 months (regulation 36(3)(b)), and a copy of the last record must be given to the tenant before they occupy the property (regulation 36(6)(b)). HSE recommends a fresh check where an appliance may have been tampered with or the property was at risk of vandalism while empty.
Existing tenants within 28 days of the check; new tenants before they move in (regulation 36(6)). Where no gas appliance is in any room the tenant occupies, a copy may instead be displayed prominently with a note that the tenant can ask for their own (regulation 36(7)). For lets of 28 days or less, a displayed copy is enough.
A criminal offence under section 33(1)(c) of the Health and Safety at Work etc. Act 1974, prosecuted by HSE. Schedule 3A provides for up to two years' imprisonment on indictment, or a fine, or both; in the magistrates' court, imprisonment up to that court's general limit or a fine with no statutory ceiling since 12 March 2015. The statutory defence is showing all reasonable steps were taken (regulation 39).
Keep trying, and keep proof. Regulation 39 of the 1998 Regulations protects a landlord who "took all reasonable steps"; HSE's guidance is to leave a notice of the attempted visit, write explaining that the check is a legal requirement for the tenant's safety, offer them their own appointment, and keep every letter. Force may not be used to enter; a court decides what was reasonable.
Yes. Regulation 36 of the Gas Safety (Installation and Use) Regulations 1998 is unchanged in 2026: an annual check by a Gas Safe registered engineer, a record kept and copied to tenants. The Renters' Rights Act 2025 only removed the old section 21A rule that withholding the record barred a section 21 notice, because section 21 was abolished for private assured tenancies from 1 May 2026 (save for earlier notices).
ComplyWithMe Landlord takes the date on each gas safety record, works out the next deadline with the two-month rule, reminds you ahead of it for every property, and keeps the record with a dated note of when each tenant received their copy.
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