New tenancies formed June 1, 2020, will be subject to the Electrical Safety Standards in the Private Rented Sector (England) Regulations 2020, which took effect June 1, 2020.
The new laws compel landlords to have their homes’ electrical systems examined and tested at least every five years by a licenced and competent individual. Landlords will also be required to furnish their tenants and the local government with a copy of the electrical safety report or electrical certificate.
The majority of private-sector landlords will not have to alter their practices in order to comply. Almost all landlords already conduct regular inspections of their properties in order to ensure the safety of their tenants. NAPIT, on the other hand has put up a guide to help landlords meet the new laws.
According to the regulations:
A certified and competent person mut check and test every electrical system in a private landlord’s residential property every five years.
To begin on 1 July 2020, any prospective specified tenancies in England and all current specified tenancies will be subject to the new laws. Any tenancy that begins on or after June 1, 2020 is considered a “new specific tenancy”.
Inspection and testing are necessary after which a private landlord needs to make sure of the following:
- The results of the inspection and test, as well as the next scheduled inspection and test, should be obtained from whomever performed them.
- Each current renter must be given a copy of the report within 28 days of the testing and inspection.
- The local housing authority must receive a copy of the report in writing within seven days of that authority’s request.
- When the next inspection and test is scheduled, keep a copy of that report on file and provide it to the person who will be conducting the next inspection and test.
- Ensure that each new tenant of the tenancy is given a copy of any recent report; and any future tenant who has requested it in writing is given a copy within 28 days of receiving the written request from that future tenant.
An Unsatisfactory Report Necessitates Action
The private landlord must ensure that any urgent necessary work or ‘further investigation’ identified in an Electrical Installation Safety Report is completed within 28 days (or the time stated in the report if it is shorter than 28 days), beginning with the commencement of the validation testing.
Consequently, landlords must:
- If additional investigation or coercive work is necessary to ensure electrical safety, seek written certification from a trained person who has completed the work.
- Immediately after the investigation or remedial work is completed, send a copy of the completed report and written conformation to each current resident of the residential property, as well as the local housing authority, within 28 days of the completion of the investigation or remedial work.
Enforcement
There will be a financial penalty that can go up to £30,000 for landlords who fail to comply with the new requirements, which will be enforced by local authorities.
Local authorities can issue private landlords with repair notices. Remediation work may be arranged by the local government if a tenant fails to respond to the notice of the remedial action within 28 days. The landlord will be billed for expenses.
FAQ
What kind of ‘report’ am I supposed to expect?
An inspection and test report are all that are required per the requirements. In the industry, an EICR is often utilized for this kind of assessment. To ensure the safety of an existing electrical system, an Electrical Installation Condition Report (EICR) is carried out and is used to characterise its current condition. Consumer units, protective bonding, lights, switches, and sockets are among the components of the system that are evaluated. Its primary goal is to determine whether or not the electrical system is safe enough to continue operating.
To determine whether electrical system is in “satisfactory” or “unsatisfactory” state, the EICR will include a list of observations impacting the safety or needing modification. Codes will be sued to back up these findings:
These are the codes that aren’t up to par:
- Risk of harm and rapid corrective action are necessary in C1 – Danger
- It’s a C2 – Dangerous, immediate action is needed
- F1 – it’s time for further inquiry
As for a satisfactory code, C3 is allotted – improvement needed
EICRs that are unsatisfactory must be addressed. It is unacceptable if an EICR carries a C1, C2, or F1 code. In the event of a C1 being detected, the electrician is likely to take immediate action by implementing interim steps to make the unsafe installation secure. A C2 or F1 code means that the owner must take action within 28 days to fix, replace, or investigate the issue.
Those components of the installation that does not pose a hazard but will enhance the safety of the property are given the C3 designation. It is possible that a C3 code may be assigned even if the item in question does not conform with current rules. To say that a C3 code does not imply that a particular installation is dangerous is an understatement. A satisfactory EICR will be issued if only C3 observations are listed.
Will I be given a Certificate of Compliance?
To be awarded a certificate by an electrical inspector and tester is not required but the following information must be included in the report:
- After conducting the inspection and testing, the findings.
- If necessary, a collection of observations that need additional inquiry or corrective action.
- Time for the next inspection and test.
In order to make an EICR process easier for landlords, NAPIT has developed a “Landlord Electrical Safety Record”. If the EICR is satisfactory or if it is unsatisfactory, this record shows that the necessary improvement has been accomplished. This one-page “highlight” report can then be sued to show compliance with the requirements to renters and will be much simpler to comprehend.
If my first report is unsatisfactory, do I need to have another one full done?
The answer is no. if the electrical safety report is found to be unsatisfactory, you must guarantee that any necessary repair work or additional investigation is performed within 28 days or within the time frame mentioned on your report if it is shorter than 28 days. You must save a copy of the written confirmation from the electrical inspector who conducted the rectification work (Electrical Installation certificates or Minor Work Certificates) with the unsatisfactory report to show that the needed work was done.
The “Landlord Electrical installation Safety Record” is a one-page document prepared by NAPIT that verifies either that an acceptable EICR has been performed, or that remedial work or additional investigation has been undertaken after the issuance of an unsatisfactory EICR. This report can then be used to show compliance with the requirements to renters and will be much simpler to grasp. if you want a one-page proof of compliance, you may request one of these.
Why do I need to give a copy and evidence of corrective action to the Local Authorities within 28 days if my report was found unsatisfactory?
The local housing authority will be alerted to any dwellings that may have previously been substandard but are now safe thanks to this new rule. Please provide the unsatisfactory report and relevant certification as mentioned above to indicate that you have completed the necessary corrective and/or additional investigation activity, as outlined above. Your refusal to do so might result in you being penalised by the government if you are a private landlord.
The Electrical Inspector I choose to do my electrical inspection and testing must be both certified and competent. How can I guarantee this?
The Electrical Inspector you choose for the electrical examination and testing of your home must have:
- Enough insurance. At least $2 million in public liability insurance and $250,000 in professional indemnity insurance should be included in this package.
- Certification that covers the qualification for current wiring regulations (BS 7671).
- Credentials for electrical installation inspection, testing and certification.
- Periodic inspections and testing must have been performed for at least two years.
To guarantee that the following conditions are followed, it is best to use a NAPIT registered electrical inspector. The benefits of working with a licenced company include:
- their personnel have been thoroughly vetted for their credentials, experience, and competency.
- The organization undergoes frequent evaluations to ensure it maintains its current competency and has adequate insurance and record-keeping procedures in place.
- Their work is examined to ensure that it complies with the law.
- It is possible for the registration or certification authority to take action against them to remedy faults or enhance their performance, impose fines to guarantee compliance, or eventually revoke permissions from them.
Is the 18th edition of the Wiring Regulations required for my electrical installations?
If it is still considered safe, no. according to the new wiring regulations, existing installations erected in accordance with former editions of the regulations may not conform with this edition in every respect. This does not necessarily imply that they are hazardous for ongoing use or that they need to be upgraded.
It is customary for a particular standard to be cite in rules, nevertheless, an electrical system is considered to be in compliance with the regulations if it has been acceptable report, which includes C3 codes. It is common for C3 to relate to components of the electrical system that are still safe and compliant, but do not conform to the most recent version of the Wiring Regulations.
Is it necessary to have a new EICR completed in accordance with the 18th edition of the Wiring Regulation Standards if my home already has one that is less than give years old?
It’s not always the case. For this reason, you should evaluate your report and take into account how your property has been rented after the report was completed. A new electrical safety inspection must be necessary if there has been significant changes to the property. It will be valid until the next inspection date if no adjustments have been made.
Do the rules cover all forms of tenancy?
There are a few exceptions to the requirements for private tenants who have the right to occupy for private tenants who have the right to occupy a property as their sole or primary home and pay rent, but these leases are exempt which are set out in Schedule 1 of the Regulations. Assured shorthold tenancies and licences to occupy are included in this category.
Do you require an electrical report when you first move into a statutory periodic rental or only for now?
Tenancies with fixed terms expiring between July 2020 and April 2021 that are subject to mandatory periodic inspections and tests must undergo an inspection and test at this time under regulations. Leases that are automatically converted to periodic ones by legislation (rather than contract) are not considered to be renewals of fixed-term tenancies.
In the case of Multiple Occupancies (HMOs), does this regulation apply?
Yes. On the 1st of June 2020, HMO landlords will no longer be required to meet the requirements of the prior law.
Is social housing covered by this rule?
Social housing is protected by various legislation that require electrical safety standards to be maintained, although at this time there is no obligation for social housing to do an electrical safety installation report every five years.
What will happen if I don’t abide by these rules?
There are strict timeframes In which private landlords are expected to receive an acceptable electrical installation safety report (EICR) for their properties, and if they don’t, the local housing authority must file a remedy notice that gives the landlord 28 days to fix any issues.
