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New Government guidance for electrical safety standards regulations

Wednesday, June 3, 2020

The Government has just released detailed guidance for the Electrical Safety Standards in the Private Rented Sector (England) Regulations 2020 which apply to all new tenancies from 1 July 2020 and from 1 April 2021 for existing tenancies. By law, landlords and agents in England will need to ensure that every fixed electrical installation is inspected and tested at least every five years by a qualified person.

• The landlord is required to obtain a report which gives the results of the inspection, supply that report to each tenant within 28 days and retain a copy until the next inspection is due.

• Upon request the report must be provided to the local housing authority within 7 days.

• The landlord must supply a copy of the last report to any new tenant before occupation, or within 28 days of a request from a prospective tenant.

• Local housing authorities will enforce the rules and have the power to arrange remedial action.

• Proven breaches of the regulations can result in a financial penalty of up to £30,000.

The new regulations come into force for any new tenancy from 1 July 2020; this will include renewals and assured shorthold tenancies which become statutory periodic after that date. The regulations are not limited to assured shorthold tenancies and will apply to any tenancy where a person occupies a property as their only or main residence and is paying rent i.e. most residential tenancies other than holiday lettings.

Landlords now must ensure that their electrical installation complies with the 2018 edition of the IEEE wiring regulations. This is a big ask as these regulations were a substantial update from those published ten years previously. It is likely that few installations will comply in full unless they were new after the 18th edition was published in mid-2018.

There is a further duty for landlords to ensure that a qualified person tests the installation every five years and provides a report. This test must be conducted before a tenancy commences or before 1 April 2021 if the tenancy is already in place. This is likely to create a problem as so many properties are going to need testing and work done on them in order to comply.

Landlords must also provide any new tenant with a copy of the inspection report before they occupy the property to which it relates and must also provide the report to any prospective tenant who asks for it within 28 days of a request from that prospective tenant in writing. In practice, this means that the report will need to be prepared and work done when the property is put on the market.

EICR – ELECTRICAL INSTALLATION CONDTION REPORT (Periodic Every 5 years)

• Reveals if any of your electrical circuits or equipment are overloaded

• Finds potential electric shock risks and fire hazards

• Identifies any defective electrical work

• Highlights any lack of earthing or bonding

• Tests wiring and fixed electrical equipment to check that they are safe. A schedule of circuits is also provided.

The Inspection considers all the relevant circumstances and also checks:

• The suitability of switchgear and control gear. For example, an old fuse box with a wooden back, cast-iron switches, or a mixture of both will need replacing.

• The serviceability of switches, sockets and lighting fittings. Items that may need replacing include older round-pin sockets, round light switches, cables with fabric coating hanging from ceiling roses to light fittings, black switches and sockets mounted in skirting boards.

• The type of wiring system and its condition. For example, cables coated in black rubber were phased out in the 1960s. Likewise cables coated in lead or fabric are even older and may well need replacing (modern cables use longer-lasting PVC insulation).

• Sockets that may be used to supply portable electrical equipment for use outdoors, making sure they are protected by a suitable residual current device (RCD).

• The presence of adequate identification and notices.

• The extent of any wear and tear, damage or other deterioration.

• Any changes in the use of the premises that have led to, or may lead to, unsafe conditions.

VIR – Visual Installation Report A Visual condition report which does not include testing and is only suitable if the installation has been tested recently.

PAT TEST – Portable Appliance Test (Annual) The examination of electrical appliances and equipment to ensure they are safe to use.

You can see the new government guidelines here or contact your local Frost office for more advice on letting your property.