Occupiers - whether employers or self-employed people - have legal duties under the Gas Safety (Installation and Use) .They must ensure that any gas appliance, installation pipework or flue installed in their workplace is maintained in a safe condition.
Such equipment must be maintained according to the manufacturer's instructions, which will often mean that an annual service by a CORGI-registered engineer is required.While the lease or separate contractual agreement can be helpful in setting out practical arrangements for ensuring these requirements are met, the ultimate legal responsibility remains with the occupier of the workplace concerned.
The owner, or other person in control of the building, may also have duties under the Health and Safety - such as ensuring heating equipment in common parts is maintained safely. The lease or separate contractual agreement can be used to determine how these responsibilities are allocated.
More information on the duties of employers and self-employed people on gas safety is available from the Health & Safety Executive (HSE). Remember that if any part of the premises is occupied for residential purposes, the duties of a residential landlord for gas safety - including the annual safety check - is likely to apply to these parts.
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