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    Gas and Heating Policy

    1. Introduction and objectives

    1.1 As a landlord, Gateshead Council is responsible for the maintenance and repairs to our homes, communal blocks, and other properties we own and manage, many of which will contain gas installations and appliances. The Gas Safety (Installation and Use) Regulations 1998 (opens new window) (as amended) specifically deal with the installation, maintenance and use of gas appliances, fittings and flues in domestic properties and schools and public buildings to ensure they remain safe.

    1.2 We are also responsible for maintaining other types of heating systems to ensure that all heating appliances provided for tenants are safe. These include solid fuel, electrical heating, district heating, air source heat pumps, and solar thermal.

    1.3 The key objective of this policy is to ensure our Cabinet, Senior Management Team, employees, partners, and tenants are clear on our legal and regulatory gas/heating safety obligations. This policy provides the framework our staff and partners will operate within to meet these obligations.

     

    2. Scope

    2.1 This policy meets the requirements of the Gas Safety (Installation and Use) Regulations 1998 (opens new window) (as amended).  This policy provides assurance to the council that measures are in place to ensure compliance with these regulations and to identify, manage and/or mitigate risks associated with gas fittings, appliances and flues.

    2.2 This policy also applies to all properties where an approved solid fuel appliance has been installed by the council or tenant.

    2.3 This policy is relevant to all our employees, tenants, contractors, stakeholders, and other persons who may work on, occupy, visit, or use our premises, or who may be affected by our activities or services.

    2.4 This policy details the obligations placed upon Gateshead Council to maintain a safe environment for tenants and employees, within the home of each tenant, and within all communal areas of buildings and other properties we own and/or manage, and within any commercial buildings. Adherence to this policy is mandatory for all stakeholders.

    3. Roles and responsibilities

    3.1 The Cabinet has overall governance responsibility for ensuring this policy is fully implemented to ensure full compliance with legislation and regulatory standards. As such, the Cabinet will formally approve this policy and review it every two years (or sooner if there is a change in legislation or regulation).

    3.2 For assurance that this policy is operating effectively in practice, the Cabinet will receive regular updates on its implementation, gas/heating safety performance and non-compliance.

    3.3 The Senior Management Team (SMT) will receive monthly performance reports in respect of gas and heating safety and ensure compliance is being achieved. They will also be notified of any non-compliance issue identified.

    3.4 The Strategic Director has strategic responsibility for the management of gas and heating safety, and ensuring compliance is achieved and maintained. They will oversee the implementation of this policy.

    3.5 The Service Director and Service Manager will have operational responsibility for the management of gas and heating safety and will be responsible for overseeing the delivery of these programmes.

    3.6 It is a condition of the tenancy agreement that tenants must allow access for us to carry out works in their home.

    3.7 Housing teams will provide support where gaining access to properties is difficult and will assist and facilitate the legal process, as necessary.

    4. Regulatory standards, legislation and approved codes of practice

    4.1  Regulatory Standards 

    We must ensure we comply with the Regulator of Social Housing's regulatory framework and consumer standards (opens new window) for social housing in England. The new consumer standards were introduced on 1 April 2024 and detail the four consumer standards which landlords are required to comply with, including:

    The Social Housing Regulations Act 2023 (opens new window) will change the way social housing is regulated and may result in future changes to this policy.

    4.2    Legislation

    The principal legislation applicable to this policy is:

    4.3    Approved Code of Practice (ACoP)

    The principal ACoP applicable to this policy is:

    4.4    Guidance

    The principal guidance applicable to this policy is as follows:

    4.5    Sanctions

    We acknowledge and accept our responsibilities in accordance with the regulatory standards, legislation and codes of practice and that a failure to discharge our responsibilities and obligations properly could lead to sanctions, including prosecution by the Health and Safety Executive (the HSE) (opens new window) under the Health and Safety at Work Act 1974 (opens new window); prosecution under the Corporate Manslaughter and Corporate Homicide Act 2007 (opens new window); prosecution under the Gas Safety Regulations (opens new window); and via a regulatory notice from the Regulator of Social Housing (opens new window).

    5. Obligations

    5.1 The Gas Safety Regulations (opens new window) impose duties on landlords to protect tenants in their homes. The main landlord duties are set out in Regulation 36 and require landlords to:

    • Ensure gas fittings and flues are maintained in a safe condition. Gas appliances will be serviced annually as per the manufacturer's instructions. If these are not available it is recommended that they are serviced annually, unless advised otherwise by a Gas Safe registered engineer.
    • Ensure the annual safety check is carried out on each gas appliance and flue within 12 months of the previous safety check.
    • Have all installation, maintenance and safety checks carried out by a Gas Safe registered engineer.
    • Keep a record of each safety check for at least two years (until at least two further gas safety checks have been carried out).
    • Issue a copy of the latest safety check record to existing tenants within 28 days of the check being completed. For new tenants a gas safety check will be undertaken when they move in and a copy of the most recent landlord's gas safety record will be provided.
    • Display a copy of the latest safety check record in a common area of a building where the gas appliance serves a communal heating system to multiple homes.
    • Ensure that no gas fitting of a type that would contravene Regulation 30 (for example, certain gas fires and instantaneous water heaters) is fitted in any room occupied, or to be occupied, as sleeping accommodation after the Regulations came into force. This includes any room converted into such accommodation after that time.

    5.2 These obligations apply to both gas heating and liquid petroleum gas heating systems.

    5.3 Other heating types - although there is no legal requirement to do so, we will carry out safety checks to properties with other heating system types (see Section 7 - Programmes for details).

    5.4 If we become aware of a solid fuel installation which has not been carried out by the council, or for which consent was not sought by the tenant, then either:

    • Backdated written permission will be given to the tenant and a safety check carried out immediately and maintained thereafter, OR
    • The tenant will be instructed to remove the appliance at their expense, or, if unable to do so, Gateshead Council will remove the appliance and make good and recharge the tenant.

    5.5 The Smoke and Carbon Monoxide Alarm (Amendment) Regulations 2022 (opens new window) requires social landlords to:

    • Install a smoke alarm on every storey with living accommodation.
    • Install carbon monoxide alarms in any rooms used as living accommodation with a fixed combustible appliance (excluding gas cookers).
    • Ensure smoke alarms and carbon monoxide alarms are repaired or replaced once informed and found that they are faulty.

     

    6. Statement of intent

    6.1 We acknowledge and accept our responsibilities under the Gas Safety Regulations (opens new window) and Smoke and Carbon Monoxide Alarm (Amendment) Regulations 2022 (opens new window) as outlined in Section 5 and all other duties set out in relevant legislation.

    6.2 We will carry out an annual gas safety check to all properties with a gas supply, irrespective of whether the gas is connected or not.

    6.3 We will ensure that copies of all landlord's gas safety records (LGSRs)/certificates are provided to tenants via post house, or physically displayed in a common area within 28 days of completion.

    6.4 We will cap off gas supplies to all properties when the property becomes void, and a new tenant is not moving in immediately after. This will be completed by the end of the next working day.

    6.5 We will cap off gas supplies to all new build properties and newly acquired properties at handover from the contractor/developer to us if the new tenancy is not commencing immediately at the point of handover.

    6.6 We will ensure that gas safety checks are carried out within 3 working days of the commencement of a new tenancy (void, new build or newly acquired properties), change of tenancy, change of fuel type, mutual exchange and/or transfer, and that the tenant receives a copy of the LGSR within 28 days of moving in. This is dependent on the tenant having the appropriate gas and electrical supplies set up.

    6.7 We will ensure a gas safety check is carried out following our installation of any new gas appliance and obtain a gas safety certificate to confirm the necessary checks have been completed. The safety check will include: a gas soundness test of the carcass; gas working pressures being taken; a visual inspection of the meter installation; and a visual inspection, including the safe working operation, on all other gas appliances and associated flues within a property.

    6.8 We will conduct a visual check of tenant owned appliances during the gas safety check. If any appliance other than a tenants own gas cooker, for example a gas fire/range cooker and/or woodburning stove are found within the property this will be reported to the Gas Compliance Manager to investigate, for the potential removal of these appliances.

    6.9 We will carry out a visual check of tenant owned appliances. The visual check will be carried out on gas cookers and where appliances are found to be faulty, not to manufacturer's instructions or the British Standards the Gas Engineer will apply the latest version of the Gas Industry Unsafe Situations Procedure (GIUSP) (opens new window). All completed work will be inspected by a Gateshead Council representative including any required certification. Any gas or electrical work must be carried out by a qualified and competent contractor. Tenants must provide copies of gas certification for verification and to ensure compliance.

    6.10 A safety check will be carried out on completion of any repair and/or refurbishment works to occupied or void properties where works may have affected any gas fittings, appliances, or flues.

    6.11 We will test and record battery operated and/or hard-wired smoke alarms and carbon monoxide detectors as part of the annual gas safety check. We will install, test, and replace (as required) battery operated and/or hard-wired carbon monoxide detectors as part of the annual gas safety check (or at void stage).

    6.12 We will carry out an annual gas safety check to all properties where the gas supply has been capped at the request of the tenant, to ensure the supply has not been reconnected by the tenant. At the same time, we will check on the tenant's wellbeing and assess whether the lack of gas heating is adversely affecting the condition of the property. In addition, we will communicate on an annual basis with these tenants to ensure the property remains capped and inform the tenant of what is required to reinstate gas at the property.

    6.13 Any open flue gas appliances found in any rooms that are being used as bedrooms or for sleeping will be disconnected from the gas supply, a warning notice will be issued, or it will be removed with the tenant's permission.

    6.14 We will remove any solid fuel or gas open fuelled appliances when a property becomes void, or with the agreement of the existing tenant.

    6.15 We will ensure that there is a robust process in place for the management of immediately dangerous situations identified from the gas/heating safety check.

    6.16 We will regularly check properties that are not currently connected to the gas mains network to ensure a gas supply has not been installed without our knowledge.

    6.17 We will operate a robust process if there is difficulty gaining access to a property to carry out the gas/heating safety check or remediation works. We will use the legal remedies available to us, provided the appropriate procedures have been followed. Where tenant vulnerability issues are known or identified, we will ensure we safeguard the wellbeing of the tenant and employee.

    6.18 We will operate effective contract management arrangements with our in-house teams and other external contractors responsible for delivering the service, including ensuring contracts/service level agreements are in place, conducting client-led performance meetings, and ensuring that in-house and external contractors' employee and public liability insurances are up to date on an annual basis.

    6.19 We will ensure that all replacements, modifications and installations of gas appliances and heating systems within our properties will comply with all elements of Building Regulations, Part J Combustion Appliances and Fuel Storage Systems (opens new window).

    6.20 We will establish and maintain a risk assessment for gas safety management and operations, setting out our key gas safety risks and appropriate mitigations.

    6.21 To comply with the requirements of the Construction (Design and Management) Regulations 2015 (CDM) (opens new window) a Construction Phase Plan (CPP) will be in place in respect of all repairs to void and tenanted properties (at the start of the contract and reviewed annually thereafter), component replacement works and refurbishment projects.

    6.22 We will ensure there is a robust process in place to minimise any potential non-compliance by ensuring processes are effective and have appropriate control measures in place to mitigate any risks.  We will analyse any non-compliances that do occur and take action to prevent recurrence. For example, we will investigate and manage all RIDDOR notifications made to the HSE in relation to gas safety and take action to address any issues identified and lessons learned, to prevent a similar incident occurring again. This includes amending our processes to reflect best practice and ensure that service improvements are implemented.

    6.23 The document will be strictly controlled in accordance with ISO 9001 (Quality Management) and maintained by the Service Manager Building Safety, in conjunction with the Quality Manager.

    6.24 To comply with the requirements of The Dangerous Substances and Explosive Atmospheres Regulations (DSEAR) 2002 (opens new window), we will consider the safety of our workspaces and plant/boiler rooms of our residential blocks that fall within the scope of the legislation.

    7. Programmes

    7.1 Domestic properties - We will carry out a programme of annual gas safety checks to all domestic properties we own and manage; the check will be completed within 12 months from the date of the previous LGSR/certificate.

    7.2 We will consider the use of the 'MOT' approach to gas safety checks within the lifecycle of this policy. This approach, under Part F, Regulation 36 (3) of the Gas Safety Regulations (opens new window), allows a gas safety check to take place within ten months and one day of the previous safety check and retain the original 12-month anniversary date of the previous LGSR.

    7.3 We will carry out a safety check of electrical heating systems every five years during the periodic electrical inspection and testing programme, or as properties with this heating type become void.

    7.4 We will carry out a bi-annual safety check and chimney sweep to all solid fuel appliances regardless of fuel burning type.

    7.5 We will carry out a safety check to properties with air source heat pumps, biomass and solar thermal as per the manufacturer's instructions.

    7.6 Communal blocks and other properties - We will carry out a programme of annual gas safety checks and services to all communal blocks and other properties (supported schemes/offices/shops/depots/public buildings/schools), where we have the legal obligation to do so; these will be completed within 12 months from the date of the previous LGSR/certificate.

    7.7 Properties managed by others - We will obtain LGSRs/gas safety certificates where a third party manages our properties. If the third party does not provide the LGSR/certificate, we will carry out the safety check and re-charge them for the cost of this work.

    8. Follow-up work

    8.1 We will ensure there is a robust process in place for the management of any follow-up works required following the completion of a gas/heating safety check (where the work cannot be completed at the time of the check).

    8.2 Any issues that are identified during a gas service and safety check will be:

    • resolved at the time of the check, where the operative can do so, or
    • scheduled in for remedial work within an appropriate timescale for completion, or
    • recorded for later resolution as part of a planned schedule of maintenance work

    8.3 If potentially dangerous appliances are discovered during a service or safety check, the gas engineer will follow the current Gas Industry Unsafe Situations Procedure (opens new window).

    9. Data and records

    9.1 We will maintain a core asset register of all properties we own and/or manage, with component/attribute data against each property to show gas/heating safety check requirements.

    9.2 We will operate a robust process to manage all changes to stock, including property acquisitions and disposals, to ensure that properties are not omitted from gas/heating safety programmes and the programme remains up to date.

    9.3 We will hold gas/heating safety check dates and safety check records including photographic evidence when gas work is undertaken against each property we own or manage.

    9.4 We will ensure the Gas Safe registered engineer records the details including photographic evidence of all appliances and other equipment which is served by the gas/heating supply in every domestic property, communal block, or 'other' property.

    9.5 We will keep all completed safety check records, warning notices and remedial work records for at least two years and/or the duration that we own and manage the property/in line with our document retention policy and will have robust processes and controls in place to maintain appropriate levels of security for all gas/heating safety related data and records.

    10. Tenant engagement

    10.1  We consider good communication essential in the effective delivery of gas and heating safety programmes, therefore we will establish a tenant engagement communication programme to support tenants in their understanding of gas and heating safety.

    10.2 This will assist us in maximising access to carry out gas safety checks, encourage and support tenants to report any concerns about gas and heating safety, and help us engage with vulnerable and hard to reach tenants.

    10.3 We will share information clearly and transparently and will ensure that information is available to tenants via regular publications and information on our website.

    11. Competent persons

    11.1 The Section Manager will hold the Level 4 VRQ in Gas Safety Management or Level 4 VRQ Diploma in Asset and Building Management (if they are not Gas Safe Registered), and full membership of the Association of Gas Safety Managers (AGSM). If they do not have these already, they will obtain them within 12 months of the approval of this policy.

    11.2 All operatives/engineers (internal or external) will maintain Gas Safe accreditation for all areas of gas works that they undertake and will be members of the Nationally Accredited Certification Scheme for Individual Gas Fitting Operatives (ACS).

    11.3 Only suitably competent Gas Safe accredited contractors will undertake works to gas fittings, appliances, and flues.

    11.4 Only suitably competent HETAS accredited contractors will undertake works to solid fuel fittings, appliances, and flues.

    11.5 Only suitably competent and qualified contractors will undertake works on air source heat pumps, solar thermal and biomass heating systems.

    11.6 Only suitably competent NICEIC (or equivalent) electrical contractors and operatives will undertake servicing and repairs to electrical heating systems.

    11.7 Only suitably competent Gas Safe Registered and NICEIC (or equivalent) third party technical auditors will undertake quality assurance checks.

    11.8 We will check our contractors hold the relevant qualifications and accreditations when we procure them, and thereafter on an annual basis; we will evidence these checks and each contractor's certification appropriately.

    12. Implementation and training

    12.1 We will deliver training on this policy and the procedures that support it, through appropriate methods including team briefings; basic gas and heating safety awareness training; and on the job training for those delivering the programme of gas and heating safety checks, planned maintenance and repair works as part of their daily job. All training undertaken by staff will be formally recorded.

    12.2 We will ensure that all operatives working for, or on behalf of, the council have the relevant qualifications required for the role, for example Gas Safe Registration.

    12.3 We will undertake periodic assessments of training needs and resulting programmes of internal and external training supported by Workforce Development.

    13. Performance reporting

    13.1 We will report robust key performance indicator (KPI) measures for gas/heating safety that follow the requirements set out in the Tenant Satisfaction Measures (TSMs) (opens new window) which came into force 1 April 2023. Performance must be reported to the Regulator (opens new window) on an annual basis from 1 April 2024. However, we will report internally monthly to Senior Management Team and quarterly to Cabinet. The relevant TSM for Gas Safety is defined as follows:

    • BS01 - Gas Safety Checks: Proportion of homes for which all required gas safety checks have been carried out.

    13.2 The reported percentage will include all individual homes which require gas safety checks as well as homes within a communal block that are served by a communal system. This ensures that all individual homes that may be at risk because of any non-compliance are identified, including those within a communal block that share a gas heating source. The completion of remedial works is not included.

    13.3 We will also report the following:

    Data - the total number of:

    • properties - split by category (domestic, communal, commercial/others)
    • properties on the gas/heating servicing programme - split by category (domestic, communal, commercial/others)
    • properties not on the gas/heating servicing programme
    • properties with a valid and in date LGSR/certificate
    • properties without a valid and in date LGSR/certificate
    • properties due to be serviced within the next 30 days; and
    • overdue follow-up works/actions arising from the programme

    Narrative - an explanation of the:

    • current position
    • corrective action required
    • anticipated impact of corrective actions; and
    • progress with completion of follow-up works

    In addition:

    • The number of RIDDOR notifications to the HSE about gas/heating safety

    13.4 The full detail of our performance measures for Gas Safety will be outlined in a KPI Definition Document which includes the relevant data sources used for each calculation, the calculation methodology, any exclusions, and the accountable roles for producing and managing the KPIs.

    14. Quality assurance

    14.1 We will ensure there is an annual programme of third-party quality assurance audits of gas/heating safety checks, gas appliance services and gas appliance repair works. This will include specifically testing for compliance with legal and regulatory obligations and to identify non-compliance issues for correction. Other checks will be:

    • a percentage check of all new installations
    • a percentage sample of field checks
    • a percentage of all certificates

    14.2 Internally we will undertake one hundred per cent desktop audits of all digitally produced LGSRs/certificates through C365. Regular checks will be carried out on all handwritten LGSRs.

    14.3 The Gas Safety Team are subject to regular external audits carried out by Lloyds Register Quality Assurance for ISO 9001 Quality Management and ISO 14001 Environmental Management. This consists of the checking and verification of policies, processes, procedures, quality assurance, competency, and training.

    15. Significant non-compliance and escalation

    15.1 Our definition of significant serious incidents is any incident which has the potential to result in a potential breach of legislation or regulatory standard, or which causes a risk to health or safety. All serious incidents will be reported and escalated as soon as possible, and no later than 24 hours after the incident occurred, or of a Gateshead Council employee becoming aware of it.

    15.2 Any incidents identified at an operational level will be formally reported via the Assyst Health and Safety Incident Reporting System and the process followed which will include investigating the incident and prevent recurrence.

    15.3 Non-compliance notices will be issued for all breaches of health and safety for employees and contractors.

    15.4 In cases of serious incidents (as defined in 14.1), Senior Management Team and Cabinet will consider whether it is necessary to disclose the issue to the Regulator of Social Housing (opens new window) as required by the regulatory framework, or any other relevant organisation such as the Health and Safety Executive (opens new window) or Gas Safe Register (opens new window).

    16. Approval

    Strategic Lead

    Service Director Repairs and Buildings Maintenance

    Name: Ian McLackland
     
    Date signed and approved:    

    Strategic Lead

    Service Manager Building Safety

    Name: Darren Burton

    Date signed and approved:    

    17. Glossary

    This glossary defines key terms used throughout this policy:

    • Gas Safe Register: the official list of gas engineers who are qualified to work legally on gas appliances
    • LGSR: Landlord's Gas Safety Record - a certificate containing the results of the annual safety check carried out on gas appliances and flues
    • HETAS - Heating Equipment Testing and Approval Scheme
    • NICEIC - National Inspection Council for Electrical Installation Contracting

     

    18. Supporting information - additional legislation

    This policy also operates within the context of the following legislation: