Introduction
Electrical safety regulations came in on 1 June 2020 and require landlords to have the electrical installations in their properties inspected and tested by a qualified and competent person at least every 5 years. Landlords have to provide a copy of the electrical safety report to their tenants, and to their local authority when requested.
The Regulations apply to new tenancies from 1 July 2020, and existing tenancies from 1 April 2021. Full details are provided in the Government guidance.
The regulations require landlords to:
- Ensure that electrical installations are inspected, and that BS7671:2018 standards are met, at the start of a tenancy and at least every five years.
- Issue a copy of the Electrical Inspection Condition Report (EICR) to the tenants within 28 days of the inspection, and to carry out any remedial work within 28 days (or sooner if the report requires). Written confirmation of completion of the remedial works should be provided to the tenants and the local authority within 28 days of completion.
The EICR also needs to be supplied to new tenants before they move in and to prospective tenants within 28 days of their request to view the report. If the local authority requests a copy of the inspection report this must be provided within 7 days.
What is an Electrical Inspection Condition Report (EICR)
An EICR is a report carried out to assess the safety of the existing electrical installation within a property and is used to describe its condition. Parts of the system that are reported on include fuse board (also known as a consumer unit), protective bonding, lighting, switches and sockets etc. Its purpose is to confirm as far as possible whether or not the electrical installation is in a satisfactory condition for continued service.
The EICR will show whether the electrical installation is in a Satisfactory or Unsatisfactory condition and will detail a list of observations affecting the safety or requiring improvements.
Unsatisfactory Codes:
- C1 – Danger present, risk of injury, immediate remedial action required
- C2 – Potentially Dangerous, urgent remedial action required
- FI – Further investigation required
Satisfactory Code:
- C3 – Improvement recommended
When action must be taken
Action is required if the EICR issued is Unsatisfactory. If an EICR contains a C1, C2 or FI code, it will always be deemed unsatisfactory. If a C1 is discovered, the electrician, with permission, will often take action to make safe the dangerous installation. Then, as is also the case with a C2 and FI code, it will be the owner’s responsibility to organise a repair, replacement or further investigation. The Electrical Safety Standards in the Private Rented Sector (England) Regulations require landlords to arrange any required work to be completed within 28 days.
A C3 code, improvement recommended, is given to aspects of the installation that do not present a danger but will result in an increased safety standard within the property. Occasionally a C3 code may be attributed to an item that does not comply with current regulations but did comply at the time it was installed. A C3 code does not mean the installation is unsatisfactory and should not impose a requirement to have work carried out on the owner. Where there are only C3 observations listed, this will result in a satisfactory EICR being issued.
Landlords have a continuous duty to maintain their property to the electrical safety standards. Failure to comply with either these standards, or to have evidence that the works have been completed by a qualified person may face a civil penalty up to a maximum of £30,000.
If a landlord breaches the regulations, the local authority has a duty to act. Local authorities can serve remedial notices and if the work is not carried out in time then the local authority has the power to carry out the required works themselves and then recover their costs from the landlord.
Electrical items
Landlords need to ensure that the electrical installation and all electrical appliances are ‘safe’ with little risk of injury or death to humans, or risk of damage to property. This includes all mains voltage household electric goods supplied by the landlord such as cookers, kettles, toasters, electric blankets, washing machines etc. Any equipment supplied must also be marked with the appropriate CE marking (Conformité Européene / Declaration of Conformity).
In order to meet these obligations, it is important to either supply new appliances or get any appliances provided checked by a qualified electrician before the property is let to new tenants. In-Service Inspection and Testing of Electrical Equipment, also commonly known as PAT testing, is the testing of electrical equipment consisting of a visual inspection and various electrical checks. A sticker is attached to the equipment showing either a pass or fail and the next test date, which is normally every 12 months.
Although testing of electrical equipment is not a legal requirement, as a landlord you are required by law to ensure that any electrical equipment supplied as part of the tenancy is safe. All paperwork regarding the items (i.e. receipts, warranties, records of inspection) should be kept for a minimum period of six years.
One way of helping to achieve safety is to undertake a regular formal inspection of the installation and appliances on an annual basis. The Electrical Safety Council advises that as a minimum, landlords should:
- Check the condition of wiring, and check for badly fitted plugs, cracks and chips in casings, charring, burn marks or any other obvious fault or damage.
- Check that the correct type and rating of fuses are installed.
- Ensure all supplied appliances are checked by a competent person at suitable periods and that any unsafe items are removed from the property. Record details of all electrical appliances, including their condition and fuse rating.
- Ensure that instruction booklets are available at the property for all appliances and that any necessary safety warnings are given to tenants.
- Avoid purchasing second-hand electrical appliances for rented properties that may not be safe.
- Maintain records of all checks carried out.
Further guidance
For further guidance about electrical safety and the competency of electricians and installers to carry out new work or undertake the formal EICR and test of an existing installation, refer to the information provided on the Registered Competent Person website.