Gas safety check requirements for rental providers
Rental providers who enter into a new agreement after 29 March 2021, or have a fixed term agreement of more than five years which rolls over into a periodic tenancy after 29 March 2021 must:
- ensure that a ‘gas safety check’ is conducted every two years by a licensed or registered gasfitter,
- ensure a gas safety check has been conducted within the last 2 years at the time the renter occupies the premises (and if it hasn’t, the rental provider must arrange a gas safety check as soon as possible),
- keep records of the gas safety check and provide details if the renter asks, and
- disclose the date of the last gas safety check, and any outstanding recommendations from the safety check before entering into a rental agreement.
New ‘gas safety check’ requirements for gasfitters
On 1 June 2022, the Residential Tenancies Amendment Regulations 2022 commenced to align the requirements for ‘gas safety checks’ in the Residential Tenancies Regulations 2021 with the Gas Safety (Gas Installation) Regulations 2018.
From 1 June 2022, the Gas Safety (Gas Installation) Regulations 2018 prescribe Australian Standard AS4575 as consistent servicing standard for all Type A gas appliances serviced across public, owner occupied and rental properties. Type A gas appliances are generally domestic gas appliances.
The changes mean that:
- when conducting a ‘gas safety check’, gasfitters must ensure that they service all Type A gas appliances at the rented premises in accordance with Australian Standard AS4575, and
- a record of a ‘gas safety check’ will include a copy of the record of work created by the gasfitter and given to the rental provider for each Type A gas appliance serviced at the rented premises.
Previously the Residential Tenancies Regulations 2021 provided for a range of specified activities that constituted the ‘servicing of gas appliances’. The changes remove inconsistencies between the two sets of Regulations, simplifying requirements and making it easier for gasfitters to comply with their obligations.
No change to existing requirements for rental providers
There is no change to the legislative responsibilities for rental providers to:
- ensure a gas safety check is conducted every 2 years by a licensed or registered gasfitter,
- keep a record of the gas safety check conducted at the rented premises until the record of the next gas safety check is created, and
- provide a copy of the most recent gas safety check to the renter within 7 days of receiving a written request.