MANDATORY PRIVATE SECTOR LANDLORD ELECTRICAL SAFETY REGULATIONS 2020
The Landlord Electrical Safety Standards 2020 in the Private Rented Sector (England) Regulations place an obligation on private landlords to ensure that electrical installations in the private rented sector are safe for continued use by checking compliance with the relevant electrical safety standards.
The proposed mandatory five-year electrical safety checks in the private rented sector will be enforced from July this year.
From 1st July 2020, private landlords in England will be required to have electrical installations in their rental properties checked by a qualified electrician to ensure that they are safe, also known as an EICR (Electrical Installation Condition Report)
HIGHLIGHTS OF THE NEW REGULATION
- Electrical installations must be inspected and tested prior to the start of a new tenancy from 1st July 2020
- Checks must be carried out on any existing properties tenancies by 1st April 2021
- These checks must then be carried out on a five-yearly basis.
- A copy of the most recent EICR must be provided to both new and retained tenants.
The landlord is responsible for making sure that the person who completes the check is suitably competent. Using an electrician or an electrical contractor that is a member of an accredited registration scheme operated by a recognized body such as NICEIC & NAPIT etc.
You can click this link to find your local NICEIC approved electricians:
EICR (ELECTRICAL INSTALLATION CONDITION REPORT)
Following the inspection and testing, the inspector is required to complete an EICR to detail the results of testing and any observations apparent at the time. The report will also indicate the due date for the next inspection.
A copy of the report should be provided to the landlord. The landlord must supply a copy of the report to each existing tenant within 28 days of the inspection.
If the report is requested from a local housing authority, this should be supplied within seven days of receiving a request in writing from that authority.
Any observations noted by the inspector during the inspection and testing will be recorded on the report and a classification code according to the degree of urgency will be attributed.
Code C1 – ‘Danger present’. Risk of injury. Immediate urgent remedial action required.
Code C2 – ‘Potentially dangerous’. Urgent remedial action required
Code C3 – ‘Improvement recommended’.
Further investigation – The need for further investigation indicated.
URGENT REMEDIAL ACTION?
Part 4 of the Electrical Safety Regulations 2020 sets out the requirements for ‘urgent remedial action’. This is defined as ‘action identified in a report under regulation 3(3) as is immediately necessary in order to remove the danger present and risk of injury.’
If an item is discovered that is immediately dangerous, a classification code C1 should be issued.
The person ordering the report is to be advised immediately that immediate action is required (or preferably, has been taken) to remove the danger. This is to be followed up in writing before the report is issued.
POSSIBLE OUTCOMES OF THE EICR?
If any observation in the report has been given a Code C1 or Code C2 classification, or if any observations require further investigation to determine whether danger or potential danger exists, the overall assessment of the condition of the installation must be reported to be ‘unsatisfactory’.
Items, where improvement is recommended Code C3, will be noted, but will not result in an unsatisfactory outcome on the report. These are items generally considered not to conform with the current edition of the IET Wiring Regulations, but which are not considered to be unsafe. These items do not necessarily require remedial works.
ENFORCEMENT OF THE NEW REGULATIONS?
Local authorities are required to enforce the new legislation and can impose a fine of up to £30,000 for a breach of the regulations. Where there are multiple breaches, the local authority can impose multiple penalties.
If the Local authorities have reason to believe a private landlord is in breach of the Regulations, the authority will serve a remedial notice. If the private landlord is considered to have failed to have taken all reasonable steps to complete the remedial works, as required in the new regulations within 28 days, the local authority has the power to enter the premises and arrange for an authorised person to complete the remedial works.
For works that are considered urgent, the local authority may arrange remedial action at any time, with consent from the tenants. Any costs incurred by the Local authority will be recovered from the private landlord and will be payable within 21 days.
WHEN REMEDIAL WORK IS COMPLETED, WHAT CAN YOU EXPECT?
Following the completion of any remedial works, a Minor Electrical Installation Works Certificate (MEIWC) or an Electrical Installation Certificate (EIC) will be issued, depending on the nature of the remedial works. This should be kept with the EICR and any other documentation to demonstrate compliance with BS 7671:2018.
For additional information to assist private landlords click here
Call AM Electrical Engineers Ltd today to speak to our team regarding your properties EICR.