Who is Responsible for Plumbing in a Commercial Lease?
Commercial landlords are responsible for ensuring that their property is supplied with electricity, gas and hot water via safe appliances in good working order.
When it comes to providing heating in a commercial property, it may depend on the lease and how responsibilities are divided between the tenant and landlord.
Generally, commercial landlords in the UK are responsible for providing heating by ensuring that any appliances, such as radiators, furnaces or boilers included in the lease, are kept safe and in good working order.
In this article, we will examine the law setting out the responsibilities for commercial landlords regarding heating, health and safety, along with different types of commercial heating systems.
Legal Requirements for Commercial Landlords Regarding Heating
As a commercial landlord, you will know you have specific responsibilities to your tenants and the public.
Most responsibilities will be set out clearly in the lease, but there is often some overlap with the law.
The government makes it clear that the lease governs who is responsible for repairs and maintenance of the property, including fixtures and fittings such as heating.
Your lease should say who is responsible for repairs and maintenance of the property.
Ongoing responsibility for maintaining the heating system will usually fall to the tenant. Still, the landlord may retain the responsibility if they hold some day-to-day responsibilities for running the site.
It is, however, the commercial landlord who must take responsibility for the safety of any heating equipment supplied with the property. Any additional equipment installed by the tenant will be the tenant’s responsibility.
Gas Safety for Commercial Landlords
Gas safety is vital in commercially rented properties, but the responsibility may lie with the landlord or tenant, depending on what is stated in the lease.
According to Insight Law, it is crucial to understand these responsibilities that will be set out under the lease conditions. Under normal circumstances, the tenant will be responsible for maintaining gas equipment according to the manufacturer’s requirements.
What gas safety checks are required in commercial properties?
There is clear guidance regarding regular service and maintenance for commercial gas installations.
Forbes advises that UK law requires a commercial safety check on all gas appliances and flues once a year and before each new tenancy.
These checks must be carried out by a Gas Safety registered engineer such as Roma Heating. Commercial landlords must keep a record of the check for at least two years.
Commercial landlords must also get any issues found during the inspection fixed by a gas-safe registered engineer.
Before a new tenant moves into a commercial property, they must be given a copy of the gas safety check certificate. Tenants can expect a copy of each annual check report within 28 days of inspection.
The Health and Safety Executive (HSE) can hand out fines or prosecute commercial landlords who do not comply with this law.
Types of Commercial Heating
Heating in a commercial property is vital for creating a comfortable working environment, preventing condensation and for some industrial processes.
They usually differ from residential heating systems as they often cover a more extensive area and must cope with more challenging conditions.
Unlike a residential system, a commercial HVAC system may cover individual offices, rooms or a large commercial space, each having different requirements.
Commercial Boiler
A commercial boiler system heats water which is then used to warm buildings. They are larger than residential boilers and have an output of more than 70KW.
A flue or chimney forms part of the system and removes the results of combustion from the building.
Construction Products Regulations dictate that the flue or chimney is part of the building and must comply with strict guidelines:
CE Mark: A CE mark ensures that the flue complies with the requirements of the EEA.
Minimum Temperature Rating: A minimum of 400 degrees Celsius is suitable for gas and oil.
Condensate Resistance: All commercial systems must let condensates flow freely to a drain.
Corrosion Resistance: The flue must be resistant to the effects of combustion.
Lining Material: The lining material must withstand corrosion and condensation.
Soot Fire Resistance and Protected from Combustibles: The flue must be resistant to soot fires and situated safely away from materials that could burn.
Warm air heating
Warm Air Heating requires a fan to draw air across a heat exchanger. This heats the air and distributes it evenly across the space.
One advantage is that it provides a constant temperature. The heat source can be provided by an electric element, gas, or oil-fired burner.
Heaters will be mounted on the floor, walls or even suspended from the ceiling where floor space is at a premium.
Destratification heating
Destratification heating creates an equal temperature by installing unique fans in the ceiling to recirculate warm air across all building levels. It is often combined with warm air heating and solves issues where heat rises and sits below a high ceiling.
Air Rotation Heating
Air rotation moves controlled air temperature at a low speed. Cool air is pulled from below the heater to create an even temperature.
It is instrumental in warehouses or distribution centres to avoid condensation forming and causing damage.
Radiant heating
Radiant heating is heat created by a radiator. In commercial properties, you may find radiator systems similar to those in residential homes, radiant tubes, or plaque heaters.
This system works well where equipment does not block the heat from travelling through the space to reach all areas. Often in commercial properties, there are limitations due to the layout, preventing radiant heat from reaching the place it needs to heat.
What is the best way for a commercial landlord to comply with gas safety regulations?
Whatever type of heating is installed in a commercial property, the best way for a landlord to comply with gas safety regulations is to set up an annual service and gas safety check with a commercial heating company.
This will ensure that you receive a gas-safe document that you can forward to your tenant and therefore meet your responsibilities under health and safety law.
For more information on the services we offer for commercial properties, please contact us at Roma Heating today.
