Commercial landlords and heating: who is responsible for what?

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On a commercial let, responsibility for heating plant follows control. The Gas Safety (Installation and Use) Regulations 1998 put the duty on "every employer or self-employed person to ensure that any gas appliance, installation pipework or flue installed at any place of work under his control is maintained in a safe condition so as to prevent risk of injury to any person." So a tenant who controls a boiler in its own unit is usually responsible for it, while a landlord or managing agent who keeps control of shared boiler plant is responsible for that. The lease is where control is normally set out, so it is the first document to check. This guide explains how the duties usually split, where energy efficiency rules come in, and what both sides should keep on file.

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Commercial heating tips and advice · 3 November 2026 · Fast Commercial Boiler Help, Gas Safe 985448

Commercial landlord heating responsibilities: start with control

Regulation 35 of the Gas Safety (Installation and Use) Regulations 1998 (GSIUR) is the key duty for gas plant at a place of work. Its test is control, not ownership. In practice, the questions to ask are:

Who does the lease say maintains the plant? Repairing and service charge clauses usually say who looks after plant serving only the tenant's unit and who looks after plant serving the whole building.
Who can access and operate it? A boiler inside a locked landlord's plant room that the tenant can't reach is hard to call the tenant's plant.
Who appoints the engineer? Whoever arranges servicing, repairs and records is normally acting as the person in control.

Control can be shared. For example, a landlord may control a central boiler while each tenant controls the thermostats, radiators or warm air heaters in its own space. Where it is unclear, agree it in writing rather than assume the other side has it covered. This is general information, not legal advice; for a disputed lease, take advice from your solicitor or surveyor.

How the duties usually split

Situation	Who is usually in control
Tenant's own boiler or heaters, inside its unit, serving only its unit	The tenant, if the lease puts maintenance on the tenant and the tenant has access
Central or communal boiler plant serving several units	The landlord or managing agent, who usually recovers the cost through the service charge
Plant serving common parts (reception, corridors, shared toilets)	The landlord or managing agent
Mixed-use building with flats above commercial units	Gas fittings serving the flats can bring in the separate landlord duties in GSIUR regulation 36 (see below)

The HSE's guidance for employers says to use "a Gas Safe registered engineer or a competent person" and to "Ensure that your gas pipework, appliances and flues are regularly maintained." Whichever side is in control, gas work on the plant must be done by a Gas Safe registered engineer.

Where the residential landlord rules come in

GSIUR regulation 36 sets the familiar landlord duties, including an annual safety check, but it applies to "relevant premises", which the regulation defines as premises "occupied, whether exclusively or not, for residential purposes" under a lease or licence. It also excludes "any gas appliance or installation pipework exclusively used in a part of premises occupied for non-residential purposes." So a purely commercial let is covered by regulation 35 rather than regulation 36. In a mixed-use building, for example a shop or office with flats above sharing one boiler, the plant serving the flats can fall under regulation 36 as well. If you manage a building like that, ask your engineer to confirm which records each part needs.

Energy efficiency: MEES and heating upgrades

In England and Wales, the Minimum Energy Efficiency Standard (MEES) also affects commercial landlords. GOV.UK's guidance for non-domestic landlords says that from 1 April 2023 "the requirement for non-domestic landlords to obtain at least an EPC E rating, unless they have registered a valid exemption, applies to all privately rented non-domestic properties (even where there has been no change in tenancy)." It generally applies where the property legally needs an EPC and the tenancy is for a 'term certain' between 6 months and 99 years.

Heating often features in the improvement measures recommended for a building. The guidance includes a '7 year payback test' exemption, where a measure fails if the expected energy bill savings over 7 years "are less than the cost" of buying and installing it, and exemptions have to be registered on the PRS Exemptions Register. The regulations are enforced by Local Weights and Measures Authorities, and the guidance says a landlord in breach "may receive a financial penalty." If you are planning a boiler replacement partly for MEES, our guide to planning a commercial boiler replacement covers surveys and Part L, and ErP rules for commercial boilers explains the product efficiency limits.

Pressure systems and other duties

Most low temperature hot water heating is below the Pressure Systems Safety Regulations 2000 (PSSR) thresholds, but HSE's INDG178 lists "pressurised hot water above 110 °C" and steam among the relevant fluids. Where a building's plant is covered, the user or owner (the duty holder) needs a written scheme of examination drawn up or certified by a competent person, and the lease should be clear about which party holds that duty. Our guide to written schemes of examination for heating plant explains when it applies. Hot water plant also brings legionella duties; see legionella and hot water temperatures.

What landlords, agents and tenants should keep on file

A short written note of who controls each item of heating plant, agreed by both sides.
Service reports and gas safety records for each boiler and heater, from a Gas Safe registered engineer (see heating maintenance records insurers ask for).
Any PSSR written scheme and examination reports, where PSSR applies.
The current EPC and any registered MEES exemption.
Out-of-hours contacts, so a tenant knows who to call if shared plant fails.

For a planned schedule, BESA's SFG20 is "the industry standard for building maintenance specification", and CIBSE Guide M (Maintenance engineering and management) helps building operators "become more aware of their responsibilities and duties". Our planned preventive maintenance page explains how we schedule visits, and commercial gas safety inspections covers the inspections and records themselves.

Managing heating across a let building?

We work with commercial landlords, managing agents and tenants on servicing, repairs and records for boiler plant. Call 0800 0996 007 or see our landlords and property managers page. All gas work is carried out by Gas Safe registered engineers (985448). See also commercial boiler servicing and emergency commercial boiler help.

Safety note

Under the Gas Safety (Installation and Use) Regulations 1998, gas work must be carried out by a Gas Safe registered engineer, and we apply that rule on every site. Don't attempt DIY work on gas appliances, burners, flues or safety devices. On pressure systems, trained site staff should stick to visual and gauge checks, log the readings and report anything abnormal. Never adjust, cap, plug or test-lift a relief valve yourself.

Talk to a Gas Safe commercial engineer

Fast Commercial Boiler Help is a Gas Safe registered (985448) commercial heating business based at 4 Market Hill, Clare, Sudbury, Suffolk CO10 8NN. Our team of over 10 local engineers covers East Anglia and East London, working on commercial boilers, plant rooms, water heaters, and warm air, radiant and unit heaters. We work on commercial premises only.

Call 0800 0996 007

Call or WhatsApp 07947 578332 (a photo of the appliance data plate or the fault display helps) · Email [email protected]

Frequently asked questions

Is the landlord or the tenant responsible for a commercial boiler?

It depends on who controls it. GSIUR regulation 35 places the duty on every employer or self-employed person to keep gas appliances, pipework and flues at a place of work under their control in a safe condition. A tenant who controls a boiler serving only its own unit is usually responsible for it, while a landlord or managing agent who controls shared plant is responsible for that. Check the lease, and agree it in writing if it is unclear.

Do commercial landlords need an annual gas safety certificate?

The annual landlord gas safety check in GSIUR regulation 36 applies to premises occupied for residential purposes, and it excludes appliances and pipework used only in non-residential parts. Purely commercial premises are covered by regulation 35, which requires gas plant to be maintained in a safe condition. In mixed-use buildings, such as offices with flats above, regulation 36 can apply to plant serving the flats.

Who is responsible for communal boiler plant in a multi-let building?

Usually the landlord or managing agent, because they normally control the central plant room and arrange the servicing, often recovering the cost through the service charge. Whoever is in control should use a Gas Safe registered engineer and keep the service and safety records.

Does MEES affect heating in commercial properties?

Yes, in England and Wales. GOV.UK guidance says that since 1 April 2023, privately rented non-domestic properties generally need at least an EPC E rating unless a valid exemption is registered. Heating improvements are often among the recommended measures, and the guidance includes a 7 year payback test exemption.

Does a commercial landlord need a PSSR written scheme for the heating?

Only if the plant is covered by the Pressure Systems Safety Regulations 2000. HSE's INDG178 lists steam and pressurised hot water above 110 °C among the relevant fluids. Most low temperature hot water heating is below that. Where PSSR applies, the duty holder needs a written scheme drawn up or certified by a competent person, and the lease should be clear about who that is.

Sources and further reading