The boiler inspection: Is it mandatory?  Should the tenant or the landlord pay it?

The revision of the boiler, which costs about 100 euros on average, it generates not a few conflicts between tenants and owners, since it is mandatory and it is not clear who should pay. Not surprisingly, there are court decisions in both directions and the lawyers do not agree.

Is the inspection of the boiler mandatory?

In reviewing the boiler is checked and verified for proper operation of thermos, boilers and heaters. Except in the Basque Country, where it is mandatory to carry out the annual review, in the rest of the Autonomous Communities it has to be carried out every 2 years and must always be passed by a qualified technician, either from the brand itself or independent, as explained by Rental Sure.

However, if the boiler is higher than 70kW inspections must be done annually, and every 5 years in the case of heaters over 11 liters.

Regarding the cost, each company establishes its rates, including in many cases the repairs of breakdowns or breakage of parts. The average price is around 100 euros. It is not mandatory to contract the revision of the boiler with the own brand.

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Tenant or Landlord: Who Should Pay for the Boiler Overhaul?

Josep Térmens, Leasing Lawyer, explains to 20minutos that the review “the landlord must pay for it”. “This stems from article 21.1 LAU, which establishes that the landlord has the obligation to carry out the necessary repairs to keep the house in habitable conditions (unless the deterioration is attributable to the tenant),” he explains.

“The overhaul of the gas boiler is a maintenance of an element necessary to maintain the habitability conditions of the rented home “, indicates the lawyer. The ruling of the Provincial Court of Madrid, Section 12, 939/2013, of December 19, considered null and void a clause by which the tenant was obliged to carry out the maintenance of all the elements that required it and that were installed in the house. In the same sense, the Provincial Court of Lleida, Section 2, ruling 362/2003 fails.

The Court of Justice of the European Union (CJEU) has ruled this Tuesday that the Reference Index of Mortgage Loans (IRPH) must be subject to judicial control so that the Spanish courts can evaluate whether they are abusive clauses included in mortgage contracts.  The IRPH is a legal index that averages the interest on mortgage loans over three years.
Rental contract.

However, there are some sentences that say otherwise. They consider that the maintenance of the housing facilities corresponds to the tenant, as provided in article 1555. 2 of the Civil Code. Among others, the judgment of the Zaragoza Hearings, Section 5, 627/2012, of December 5.

Therefore, it is not very clear whether the payment for the furnace service is due to the landlord or the tenant.

When is the gas installation inspection passed?

The gas or ceramic stove is a risk element in every home.
The gas or ceramic stove is a risk element in every home.
FILE

From Safe Rental they explain that the inspections consist of carrying out a survey of the general installation of gas such as, for example: the proper functioning of the meter, the condition of the pipes, keys, rubbers … They are mandatory and, except in the Basque Country that are carried out every 4 years, the rest of the communities have to pass it every 5 years.

With respect to gas installation inspection costThis is divided into two concepts: on the one hand, the distributor’s management expenses are charged, which are fixed (15.49 euros) and must always be paid. On the other hand, its cost is regulated by the Autonomous Community where the property is located. If, on the contrary, we have chosen to pass the inspection with an external company, the price will be that agreed by the parties.

Who should pay for the inspection of the gas installation?

Refering to gas installation (and electricity and water), the repair of the installation corresponds to the landlord, according to the majority opinion of the jurisprudence of the Provincial Courts; Asturias, Section 7, judgment 13/2011, of January 18; Madrid, Section 20, judgment 579/2010, of November 10, and 122/2013, of March 14; Barcelona, ​​Section 4, 615/2009, of December 2.

The argument is that the housing facilities must be in good conditions of use so that the house has the habitability conditions required by Law 29/94 on Urban Leases.

But the maintenance of the facilities may be the responsibility of the tenant according to the sentences of the Provincial Court of the Balearic Islands, Section 3, 220/2013, of May 22, and Asturias, Section 7, 570/2017, of November 15.

Fraud in technical gas inspection

butane cylinder
Butane cylinder
EP

From Safe Rental they warn that “you should never open the door to anyone that, without prior notice from our supplier company, say to come to pass the inspection “to avoid suffering fraud. To avoid this type of scam,” the payment of the inspection will never be paid to the technician who comes to the home, but will be the supplying company the one that will charge it in the next invoice “.

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