Changes to electrical safety regulations
Wed, May 06, 2020
With effect from 1st June 2020 new regulation under the Housing and Planning Act 2016 provision has been made to allow for legislation for electrical safety standards in private rented property. This follows similar legislation previously introduced in Scotland.
The new regulations apply in England only. New tenancies granted on or after 1st July 2020 must meet the requirement and from 1st April 2021, all existing tenancies must comply.
Below is a summary of the new regulation:
They will apply to premises let to one or more people who are occupying the premises as their only or main residence and paying rent i.e. all properties in the private rented sector. They do not apply to social landlords, long leases or tenancies granted for a term of seven years or more, student housing, and tenancies of hostels, refuges, care homes, hospitals or hospices.
Private landlords will be required to ensure that their electrical installations comply with relevant electrical safety standards set out in the present IET Wiring Regulations. Any electrical installations testing needs be carried out and reported by a suitably qualified electrical engineer (see below). Testing must be undertaken every five years.
Any defective wiring or equipment identified from the safety inspection needs to be brought up to the relevant standard under the present I.E.T. Wiring Regulations.
Landlords are required to give the report to existing tenants within 28 days of the testing inspection visit. New tenants must receive a copy before they occupy the premises. If a local authority requests the report this must be supplied to them within seven days.
If the report states that remedial works are required, the landlord must carry out such works within 28 days of the inspection (or sooner, if indicated by the report). The landlord must then confirm to the tenants and the local housing authority that the remedial works have been done.
If the landlord fails to carry out remedial works within the specified time period, the local housing authority will be able to carry out the works itself and recover costs from the landlord. Where non-urgent remedial works are required, the local housing authority must have served a remedial notice on the landlord giving the landlord an opportunity to carry out the works (within 28 days) before it does them itself.
As well as having the power to complete works themselves, the local authority will be able to impose a financial penalty on landlords for breach of their obligations, up to a maximum of £30,000.
Any safety checks or remedial works identified need to be undertaken by qualified electrical contractors only. Qualified electricians are recognised: -
- on the Roll of Approved Electrical Installation Contractors issued by the National Inspection Council for Electrical Installation Contracting (NICEIC)
- as a member of the Electrical Contractors Association (ECA)
- as a member of The National Association of Professional Inspectors and Testers (NAPIT)
Any defective wiring or equipment identified from the safety inspection needs to be brought up to the relevant standard under the present IET Wiring Regulations.
Please note this is a summary, for more detail please visit http://www.legislation.gov.uk