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I wondered whether anyone could advise on the following:
I understand that it is a legal requirement for a landlord to arrange annual gas safety checks, when a flat/building is rented to a tenant or tenants.
However, what is the requirement under the following circumstances: 1) When there are parts of gas installations, i.e meters etc in the common areas of a block of flats and all of the occupants own the flats, i.e. no landlord-tenant relationships exist?
I have been advised by the HSE that there is no legal requirements for the gas installations within the common areas to be checked under these circumstances. However, surely a duty of care is owed by the owners of these flats to contractors, visitors, cleaners who access the common areas? As it is a legal requirement to carry out a fire risk assessment/asbestos surveys etc in residential common areas, I am of the opinion that the gas meters/pipework etc housed in/routed through the common areas pose a potential fire risk and should be maintained and referred to in a fire risk assessment report.
2) At commercial premises where there is no landlord/tenant relationship, i.e. an independent shop/Cinema where the premises is owned by the person who runs the business. Is there a specific legal requirement for the gas installations to be routinely checked by gas safe engineers; or does the more general 'risk assessment' and 'safe place' requirements of the management of H&S 1999 ad HASWA 1974 cover it?
Any feedback offered would be appreciated.
Thanks,
James
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