The building regulations compliance certificate after a new boiler

Written by FM Power Plumbing and Heating Ltd ·

In England, a new boiler needs building regulations approval, and where a registered installer fits it the certificate comes from that installer's competent person scheme. The building regulations compliance certificate confirms the installation meets the Building Regulations 2010 — it is not a gas safety record and not the Benchmark checklist. This page explains who issues the certificate, the timing set out in regulation 20, and what to do when a certificate is missing at the point of sale.

What is a building regulations compliance certificate for a new boiler?

A building regulations compliance certificate is the document that records that your new boiler installation meets the Building Regulations 2010 in England. Installing or replacing a heating appliance is building work that needs building regulations approval, whatever the fuel. Where the installer is registered with a competent person scheme, the scheme sends the certificate to the household once the job is finished. A competent person scheme is a scheme installers join so they can certify their own work as compliant, rather than the council inspecting it.

The certificate is not a gas safety record and not a warranty document. Gas work on a boiler in England must be done by a Gas Safe registered engineer under the Gas Safety (Installation and Use) Regulations 1998 as amended. Gas Safe registration and building regulations compliance are two separate duties that usually sit with the same engineer.

Who issues the certificate — the installer, the scheme or the council?

The competent person scheme issues the building regulations certificate for a new boiler, not the installer and not the council directly. The installer notifies the scheme that the work is done, and the scheme confirms the installation to the local authority. Under regulation 20 of the Building Regulations 2010, the local authority may accept the certificate of a person registered under Schedule 3 as evidence that the requirements of regulations 4 and 7 are met.

If the installer is not registered with a scheme, the route changes. You then need to contact your local building control body before the work starts, using a building notice. Gov.uk sets out both routes for householders in England.

When does the certificate arrive after a boiler installation?

Regulation 20 of the Building Regulations 2010 says the certificate is to be given to the occupier not later than 30 days after the work is completed. Gov.uk guidance for householders describes the scheme certificate arriving within eight weeks of completion. Both are worth knowing: the regulation sets the legal position, the gov.uk page reflects how schemes tell consumers it works in practice.

A second notice sits behind the scenes. Regulation 44 requires notice that fixed building services have been commissioned to an approved procedure, given to the building control authority no more than 30 days after completion. Commissioning means setting the appliance and controls to work correctly once installed. You do not file either notice yourself.

Ask before the work starts which competent person scheme your installer is registered with, and confirm that the notification will be made. The certificate is the paperwork a conveyancing solicitor may look for years later, so keep it with the boiler manual.

Does a like-for-like boiler swap still need building regulations approval?

Yes — replacing a boiler in the same position still counts as work needing building regulations approval in England. Gov.uk lists the installation or replacement of a heating appliance among the work that needs approval, whatever the fuel. The self-certification route through a registered installer is what keeps this simple for most households.

Emergency repairs to a boiler or heating system are treated differently. Gov.uk states that prior approval is not needed for emergency repairs, although the rules still apply to the work itself. Moving a boiler to a new position brings the flue into play. The Gas Safety (Installation and Use) Regulations 1998 as amended and the Building Regulations both require the flue to terminate in a safe position at set distances, and that is work for a Gas Safe registered engineer to assess and carry out.

Is the Benchmark checklist the same as the compliance certificate?

No — the Benchmark checklist and the building regulations compliance certificate are different documents. Benchmark is a code of practice for the correct installation, commissioning and servicing of domestic heating and hot water appliances. The completed checklist is documented evidence that the boiler was installed by a Gas Safe registered engineer to the manufacturer's instructions and in line with the relevant Building Regulations. Baxi notes that a local building control inspector can ask to see it, and that it is needed for work under warranty.

The checklist normally sits at the back of the boiler manual, next to the service record, and some manufacturers now use an app version. Warranty registration is a separate step again. Registration conditions and deadlines are set by the manufacturer, so check the documents supplied with your appliance.

What if there is no building regulations certificate when you sell the house?

A missing boiler certificate usually surfaces during the solicitor's searches when a home is sold. Gov.uk notes that the scheme certificate appears in those searches, and that without approval you will not have the compliance certificates that may be needed for a sale. Where no certificate exists, the local building control body can advise on what is possible — gov.uk sets out how to apply to a building control body.

An Energy Performance Certificate is a separate requirement. You must order an EPC before a home is marketed for sale or let, it is valid for ten years, and a fine is possible where no EPC is in place. Our guide on boiler records when selling a house in England covers what buyers tend to ask for.

Which documents should you receive after a new boiler installation?

A new boiler leaves you with a small pack of paperwork, and each item does a different job. Keep them together, because a future engineer, a buyer's solicitor or a warranty claim can each call on a different one.

  • The building regulations compliance certificate from the installer's competent person scheme, confirming the work meets the Building Regulations 2010 in England
  • The completed Benchmark commissioning checklist in the boiler manual, signed by the Gas Safe registered engineer
  • The user instructions for the boiler and controls, so you can set the programmer and thermostat
  • Confirmation that the manufacturer's warranty has been registered, with the serial number and installation address
  • A landlord gas safety record (CP12) if the property is let — see our guide to landlord gas safety in England

FM Power is Gas Safe registered, offers a free home survey before a new installation and a written fixed price before any work starts, and registers the manufacturer warranty for the customer. If you are planning a replacement, you can arrange a survey through our new boiler installation page.

Sources

Common questions

Is the building regulations certificate the same as a Gas Safe certificate?

No. The building regulations compliance certificate records that the installation meets the Building Regulations 2010 in England. Gas Safe registration is a separate duty: under the Gas Safety (Installation and Use) Regulations 1998 as amended, gas work on a boiler must be carried out by a Gas Safe registered engineer. HSE advises asking to see the engineer's ID card before work begins.

Does a landlord need a gas safety record as well as the boiler certificate?

Yes, the two are separate. A landlord must give a copy of the gas safety record to existing tenants within 28 days of the check, and to new tenants before they move in. The record is valid for 12 months from the date of the check and must be kept for at least two years.

Does this apply in Wales and Scotland too?

This page covers England. Building regulations are devolved, so Wales and Scotland have their own rules and their own approval routes. Approved Document L itself is marked for use in England. Check the position with the building control body for the country the property is in.

What happens if the old boiler failed and it was an emergency replacement?

Gov.uk states that emergency repairs to a boiler or heating system do not need prior building regulations approval, although the rules still apply to the work carried out. A full replacement is still notifiable work. Ask which competent person scheme the engineer is registered with, so the installation is notified afterwards.

I have lost the certificate for my boiler — what can I do?

Start with the competent person scheme that issued it, as the scheme holds the record of the notified installation. Where no certificate exists at all, gov.uk sets out how to apply to a building control body, and the building control body can advise on what is possible. Allow time for this before a sale rather than during one.

How do I check that the installation was notified to the council?

Ask your installer which competent person scheme they are registered with, then ask the scheme to confirm the notification. Under regulation 20 of the Building Regulations 2010, the certificate is to be given to the occupier not later than 30 days after completion. Gov.uk guidance for householders describes the scheme certificate arriving within eight weeks.

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