The Electrical Safety Standards in the Private Rented Sector (England) Regulations 2020 came into force on 1st June 2020 with the aim of ensuring that all landlords in the private rented sector make sure that the electrical installations in their rented properties are safe.
The Regulations apply to new tenancies from 1st July 2020 and to existing tenancies from 1st April 2021. A new tenancy means a tenancy that was granted on or after 1st June 2020. An existing tenancy is any tenancy entered into before 1st June 2020.
The requirement to have electrical installations periodically tested, was previously only applicable to ‘Houses in Multiple Occupation’ (HMO), however these new regulations extend this duty to most types of privately rented accommodation.
The regulations apply where a private tenant has a right to occupy a property as their only or main residence and pays rent.
What does this mean for landlords?
The Regulations require landlords to have electrical installations in their rented properties inspected by a person who is qualified and competent at least every five years. Landlords must provide a copy of the electrical safety report to their tenants and, if requested, to the local authority.
Landlords must:
- Ensure national standards for electrical safety are met. These are set out in the 18th edition of the ‘Wiring Regulations’, regulations which are published as British Standard
- Ensure the electrical installations in their rented properties are inspected and tested by a qualified and competent person at least every five years
- Obtain a report from the person conducting the inspection and test which gives the results and sets a date for the next inspection and test
- Supply a copy of this report to the existing tenant within 28 days of the inspection and test
- Supply a copy of this report to a new tenant before they occupy the premises
- Supply a copy of this report to any prospective tenant within 28 days of receiving a request for the report
- Supply the local authority with a copy of this report within 7 days of receiving a request for a copy
- Retain a copy of the report to give to the inspector and tester who will undertake the next inspection and test
- Complete necessary remedial or further investigative work identified in the report within 28 days or any shorter period if specified as necessary
- Supply written confirmation of the completion of the remedial works from the electrician to the tenant and the local authority within 28 days of completion of the works
Please note: that 'written confirmation' means appropriate electrical certification, so this would be, either an 'Electrical Installation' (EIC) or a 'Minor Electrical Installation Works Certificate' (MEIWC) which should be attached to the original 'Unsatisfactory' ICR.
How to find a qualified and competent person
Guidance has been produced by the electrical safety industry that covers how landlords can choose a qualified and competent inspector and tester. This includes, but is not limited to:
Local authority enforcement
Local authorities may impose a financial penalty of up to £30,000 on landlords who are in breach of their duties. This is appealable to the First Tier Tribunal (Property Chamber).
EICRs may be required for three main purposes:
- In compliance with Regulation 3 (1) of ‘The Electrical Safety Standards in the Private Rented Sector (England) Regulations 2020’ (SI 312:2020) – which are the new electrical safety regulations applicable to most Private Rented Sector housing and which came into force from 1st June 2020.
- In compliance with Regulation 7 (3) of ‘The Licensing and Management of Houses in Multiple Occupation (Additional Provisions) (England) Regulations 2007’ (SI 1903:2007) – which is applicable solely to ‘Section 257 HMOs’ (i.e. certain converted blocks of flats) and which came into force from 1st October 2007.
- As a condition of housing licensing applications under Parts 2 & 3 of ‘The Housing Act 2004’ (i.e. Mandatory HMO, Additional HMO and Selective licensing).
Advice to Landlords on commissioning an ‘EICR’
Wigan Council must be assured that any EICR submitted in connection with the above, is both genuine and legitimate and that the inspector carrying out the inspection & testing of electrical installations and producing the EICR, is competent to do so.
Inspection and testing of electrical installations, is described by the ‘Institution of Engineering and Technology’ (IET) as; “a complex task that requires an extra level of qualification and competency, beyond the standard four-year vocational route commonly followed by qualified inspectors and testers”.
It is therefore strongly recommended that all landlords who are required to provide an EICR, should check on their Electrical Inspector’s specific competency to carry out inspection and testing, before engaging them to carry out an EICR.
The Landlord can do this by either:
or by:
- Requiring the inspector to complete and sign a checklist and declaration certifying their competence, which must include confirming that they hold all of the following:
- An appropriate qualification covering the current version of the Wiring Regulations (BS 7671), such as City & Guilds 2382 -18 BS7671 IET Wiring Regulations 18th Edition Qualification
- Have a specific qualification covering periodic inspection, testing and certification of electrical installations, such as City & Guilds 2391-51 or 52, Level 3 Award in Periodic Inspection and Testing of Electrical Installations
- At least two years’ experience, in carrying out periodic inspection and testing of electrical installations
- Public Liability Insurance of at least £2 million
- Professional Indemnity Insurance of at least £250,000.
Download the Competency Checklist and Declaration
Please note that Wigan Council’s Housing Standards Team will carry out this same process for all EICRs submitted to this authority. So, if you commission an EICR from an electrical inspector that is not a member of a relevant competent person scheme and specifically registered for electrical inspection & testing, this authority will require written affirmation of their competency, by requiring that you have them complete the afore-mentioned check list and declaration.
If the check list and declaration is not suitably completed and / or returned or if any of the above list of competency requirements are not met, then we will not accept the EICR submitted.
In cases where submitted EICRs are rejected by the LHA, the landlord will still be required to provide an EICR from an Electrical Inspector that can demonstrate specific competency in electrical inspection & testing, in compliance with the appropriate legislation. Wigan Council will not be liable for any additional cost in doing this and may also take enforcement action for your failure to provide a genuine and legitimate EICR, by an inspector that is competent to produce it.
Again, the best way to ensure your electrical inspector is competent to produce an EICR, is to use one that is a specifically registered for inspection and testing and listed on the Registered Competent Person Electrical (external link) website.
All EICRs submitted, must be in the format as prescribed in Appendix 6 of BS 7671: 2018. Other formats of report, such as ‘Visual Inspection Reports’, etc, will not be accepted.
Important: An ‘Electrical Installation Certificate’ (EIC) may be accepted in lieu of an EICR, but only under certain and specific circumstances. These can include the following:
- Where a full rewire of the property concerned, has been completed within the last 5 years.
- And where the ‘EIC’ includes a full schedule of inspection of test results, for all circuits
- And where the electrician carrying out the rewire is suitably 3rd party accredited, registered to carry out installation work and can ‘self-certify’ under Part P of the Building Regulations.
Acceptance of EICs in lieu of EICRs, will be at the discretion of the Local Housing Authority.
Landlords must retain a copy of the report to give to the inspector and tester who will undertake the next inspection and test.
Please note: the Housing Standards Enforcement Policy is currently being updated. If you receive correspondence in relation to a Housing Act offence, the policy enclosed within the documentation you receive is the most up to date version. The updated version will be published online as soon as possible. If you require clarity on anything enclosed within the documentation then please contact the team on the number or email supplied within the letter.