EICR & Electrical Safety Certificates

As of 1st June 2020, the Electrical Safety Standards in the Private Rented Sector Regulations 2020 came into force across England. This new piece of legislation is part of the Ministry of Housing Communities & Local Government’s drive to improve safety within the sector and we thought it prudent to provide you with a Q&A on what this new legislation means for you and how we may be able to assist.

 

Q: What are the requirements of the new Regulations?

 

A: Landlords of privately rented accommodation must:

 

• Ensure national standards for electrical safety are met. These are published as British Standard 7671

• Ensure the electrical installations in their properties are inspected and tested by a qualified and competent person at least every 5 years

• Obtain a report from the person conducting the inspection and test which gives the results and sets a date for expiration of the report

• Supply a copy of the completed report to the existing tenant(s) within 28 days of the inspection and test

• Supply a copy of the report to any new tenant prior to them taking occupancy of the property

• Supply a copy of the report to any prospective tenant within 28 days of receiving a request for a copy

• Supply, where requested, a copy of the report within 7 days of receiving a request from the local authority

• Retain a copy of the report to give to the inspector and tester who will undertake the next inspection and test

• Complete any required remedial/investigative work within 28 days of receipt of the report or sooner if detailed within the report

• Supply written confirmation of the completion of any remedial works required to the tenant and/or local authority within 28 days of completion

 

Q: Which tenancies do the Electrical Safety Regulations apply to and when does it come into force?

 

A: The new regulations apply to all new and renewal (to include Statutory Periodic) tenancies from 1st July 2020 as well as all existing tenancies from 1st April 2021.

 

Q: What will I be given once the test has been completed?

 

A: You will be issued with an Electrical Installation Safety Condition Report (EICR) which will categorise each tested element into 4 classifications if not classed as satisfactory:

 

• C1:          Danger Present. Risk of Injury.

• C2:          Potentially Dangerous.

• C3:          Improvement recommended. No remedial work will be required to achieve a ‘satisfactory’ report

• FI:            Further investigation required without delay. The required investigative work must be carried out in order to be issued with a completed report and any subsequent remedial work remedied

 

Q: What if I don’t carry out the required remedial work?

 

A: In instances where the local authority believe that you are in breach of your duties, they can serve a remedial notice on you requiring that the works are carried out. Non-compliance with this notice could mean the local authority carry out the works on your behalf and they will look to recover the cost of said works from you. In the worst instances, you could face a fine of up to £30,000.00 for non-compliance with your legal obligations. You do have the right to appeal against any action taken by the local authority but our recommendation is to carry out any remedial works that are detailed within the provided EICR within the required 28 days or sooner if required.

 

Q: Do I still need an EICR if I have a new build or had a new electrical installation carried out?

 

A: The short answer is no, you don’t. In these instances, you should have been provided with an EIC (Electrical Installation Certificate) and this will cover you for 5 years at which point you will be required to carry out an EICR

 

Q: What If I already have an Electrical test that was carried out before the new legislation came into effect?

 

A: The 18th edition of the Wiring Regulations came out in 2019. If you have a satisfactory report that was carried out prior to the release of these regulations, you do not have a requirement to redo the test until such time stated on your current report. However, it is recommended and best practice to check if the report you currently have in place would comply with any new legislation and it would be sensible to check with the electrician who carried out the initial report to see if this would be the case.

 

Q: What if I am denied access by my tenant(s) or can’t find an available electrical inspector? Am I in breach of the new regulations?

 

A: You will not be in breach of the regulations in either of the above situations so long as you are able to provide evidence when requested of all reasonable steps taken to comply. With this in mind, we strongly recommend retaining all communications had with your tenant and/or electrical inspector (and subsequent replies) in order to demonstrate your attempts to be compliant.

 

Q: How can we help?

 

A: We want to assist you in being compliant in all areas of Lettings legislation. We are able to offer a service where we will organise and process not only the EICR test itself but any remedial works that may be required once the report has been completed. You will need to assess when you will be required to comply with this legislation because as mentioned previously, if your current tenancy is due for renewal (or indeed rolls into a Statutory Periodic Tenancy after the initial contractual tenancy), you are required to have this inspection carried out. Our advice to all our clients would be to be ahead of the game on this legislation to provide peace of mind over the next 5 years.