Department for Communities and Local Government
Debate between Alison Seabeck and Meg Hillier
Alison Seabeck (Plymouth, Moor View) (Lab)
I begin by making my usual declaration of indirect interests.
I am raising an issue brought to me by a constituent who has serious concerns about the way in which gas safety certificates are dispensed. She recently bought a bungalow, and was supplied by the previous owner with building regulation compliance certificates, including gas and electricity safety check certificates. Having got those certificates, she trusted, as anyone would, that all the work and inspections had been carried out to the required standard, as did her conveyancing solicitor and surveyor.
It later emerged that all the traders and engineers who had issued those certificates were personal friends of the previous owner, and it appears that the certificates were issued without them either checking that the work had been carried out or that it was up to the correct standard. Electrical and gas appliance installations such as the underfloor heating, boiler and heating system had been blindly certified by Gas Safe and ELECSA-registered engineers as a favour to a mate. There have been some consequences, such as de-registering the ELECSA trader, but the main concerns remain. The Electrical Contractors Association has accepted that its engineer was very wrong to issue a certificate for work he had neither carried out nor inspected for safety. However, it appears Gas Safe has been reluctant to take the same approach.
I by no means pretend to be an expert in the field of building regulations and appliance safety, but I do find it incredibly odd that although gas and electrical engineers can be struck off the register if they negligently leave an appliance unsafe, the same does not apply to those who issue certificates without doing or inspecting the work. There really does appear to be not simply a loophole but a gap in the legislation that endangers lives. My constituent sustained an injury as a result of the faulty appliances, and informed me that it was pure luck that the later inspecting engineer, who condemned the appliance, was not electrocuted.
Clause 57(1) of the Building Act 1984 states:
“If a person…recklessly gives a notice or certificate that…purports to comply with those requirements, and contains a statement that is false or misleading in a material particular, he is guilty of an offence.”
Should the same rules not apply to those issuing gas and electricity safety certificates? My constituent has had to re-check one appliance after another after they failed to operate. The inspecting engineer found that the consumer unit was faulty and the sockets were not earthed. The boiler had parts missing, such as the mini-expansion vessel and the pressure-reducing valve. The underfloor heating system had parts missing: the pump, balancing valves and the heat-reducing valve. Also, the boiler was not earthed and the isolation switch had not been wired in. It appears that another blind certificate was issued, falsely to certify the safety of the boiler.
These are not just small mishaps or omissions, but fundamental issues that could have had very serious consequences. There is an urgent need for both Government and the industry to take this matter very seriously indeed. There has also been a considerable financial cost for my constituent. We need to establish who has the power of enforcement in such cases. Trading standards said that my constituent had misunderstood the issue, and she was repeatedly told that the engineer was certified to carry out the work. He might have been, but he still did not do the job properly. Trading standards also apparently said to my constituent that these things happen all the time—all the time!—but there is very little scope for pursuing the issue owing to the lack of relevant legislation.
It is my understanding that Gas Safe decided to investigate the engineer after persistent communication from my constituent. At present, the engineer is still on the register, even though the appliance certified by him failed to meet even the most basic safety checks. Yet Gas Safe, while seemingly not acting in this instance, took space in my local paper in January advising DIY-ers not to take risks with gas.
Legally, my constituent is also in a tricky situation: as she does not have a direct contract with the engineers in question, she cannot bring a case against either of them. Her conveyancing solicitor advised her that it was a matter of “buyer beware”. My constituent is frustrated because she was aware—she had done everything by the book and had accepted, as had her surveyor, that the certificates were valid and had been issued by a “trusted” professional. This practice of false or blind certification has to stop. Plymouth’s director for place has said that
“in essence the fact of the matter is that we are used to the presence of consumer protection legislation when we buy goods from a high street trader but those protections are considerably lacking when we buy our largest purchase, a house”.
What can the Minister do, through his Department, to liaise with those involved in consumer protection to put an end to this deceit?
Meg Hillier
On a point of order, Mr Deputy Speaker. I regret that when I spoke earlier I neglected to draw the House’s attention to my entry in the Register of Members’ Financial Interests, and I seek to rectify that now.