Introduction
The 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, meaning improvement recommended, highlights issues that do not present immediate danger but could improve safety. In some cases, a C3 applies where an installation met regulations when installed but does not meet current standards. A C3 code does not make an EICR unsatisfactory and does not require the owner to carry out work. Where an EICR only includes C3 observations, it will be classed as satisfactory.
Landlords have an ongoing duty to keep their properties safe and meet electrical safety standards. Failure to comply, or to provide evidence that qualified professionals completed the work, may result in a civil penalty of up to £30,000.
If a landlord breaches the regulations, the local authority must act. It can issue a remedial notice requiring work within a set timescale. If the landlord does not comply, the authority can carry out the work and recover the costs from the landlord.
Electrical items
Landlords must ensure that electrical installations and appliances are safe. They should present minimal risk of injury, death, or damage to property. This duty applies to all mains‑powered electrical items supplied by the landlord, such as cookers, kettles, toasters, electric blankets, and washing machines. All supplied equipment must carry the correct CE marking (Conformité Européene / Declaration of Conformity).
To meet these duties, landlords should supply new appliances or have existing items checked by a qualified electrician before letting the property. In‑service inspection and testing of electrical equipment, often called PAT testing, includes a visual inspection and electrical checks. Each item receives a pass or fail label showing the next test date, which is usually 12 months later.
Although the law does not require routine testing, landlords must ensure that any electrical equipment supplied as part of a tenancy is safe. Landlords should keep all related records, including receipts, warranties, and inspection reports, 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 guidance on electrical safety, and to check that electricians and installers are properly qualified to carry out new work or complete the formal EICR and test on an existing installation, please see the information provided on the Registered Competent Person website.