Electrical Installation Condition Reports (EICR)
The Dangers, Regulations, Survey, and What it Means For You

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The Dangers

Issues with the electrics of a property can have severe consequences, from defective electrical work causing an electric shock to overloaded electrical installations causing an electrical fire, an EICR helps identify potential risks before they become a problem.

It’s especially advisable (not to mention a legal requirement for landlords) for older properties, this is because properties where the wiring was implemented 25+ years ago are more likely to have unofficial and unsafe modifications causing exposed live wires or loose wires which are huge risks for electric fires or shocks.

The Regulations

England

New build properties or properties that have been totally rewired should have an Electrical Installation Certificate (EIC) which can be provided to tenants (and the local authority if requested). The landlord will not need to have an EICR completed for 5 years after the EIC has been issued, providing they have complied with their duties under the Regulations.

If remedial reports or further investigation is required by the EICR then it is the landlords responsibility to have these carrier out within 28 days (or less if specified in the report), and once the work has been completed the landlord must provide written confirmation of this to both the tenant and local authority within 28 days. If the remedial work is not undertaken and the local authority has reasonable grounds to believe that the landlord is breaching one (or more) of their duties in the Regulations then they will serve a remedial notice on the landlord. If the remedial work is still not undertaken then the local authority may arrange for remedial action to be taken, and can recover the costs of the remedial actions from the landlord.

Financial penalties of up to £30,000 can be imposed by local authorities on landlords who are in breach of their duties.

Scotland

The regulations require landlords to have electrical installations in rented properties be inspected and tested by a competent person at least every 5 years. This electrical safety inspection has two parts and includes an inspection of installations, fixtures and fittings (EICR), and a record of testing of appliances provided by the landlord (PAT).

Any element classified within the EICR report as C1 or C2 must be rectified to comply with the repairing standard.

New build properties or properties that have been totally rewired should have an Electrical Installation Certificate (EIC) which can be provided to tenants (and the local authority if requested). The landlord will not need to have an EICR completed for 5 years after the EIC has been issued, providing they have complied with their duties under the Regulations.

Wales

*Landlords of HMOs are required to have an EICR carried out every 5 years.

The Survey

The Inspection

The purpose of the survey is to inspect the fixed electrical aspects of the property to ensure that they meet the standards set out in the 18th edition of the Wiring Regulations (also known as BS 7671).

The Report

A report will be provided after the survey which explains the inspections’ outcomes and provides information on any investigative or remedial work that may be required, this is called an Electrical Installation Condition Report (EICR).

The report uses the following classification codes to indicate where remedial/investigative work must be completed:

• Code 1 (C1): Danger Present, risk of injury. The electrical inspector may make any C1 hazards safe before leaving the property. Remedial work will be legally required.
• Code 2 (C2): Potentially dangerous. Remedial work will be legally required.
• Further Investigation (FI): Further investigation required without delay. Further investigation will be legally required (it is the landlord’s responsibility to ensure this happens).
• Code 3 (C3): Improvement recommended. Remedial work is not legally required, however it will improve the safety of the installation if the improvements are implemented.

As well as the classification codes that relate to electrical installations, the report will include details of any required remedial work/further investigation, and a date that the next inspection is due by.

A landlord is not in breach of their duty to comply with the remedial notice if they can show that they have taken all reasonable steps to comply. Showing that reasonable steps have been taken includes providing copies of all communications (including replies) between themselves, tenants and electricians from where they have attempted to arrange the work.

If the landlord has servicing records and previous safety reports then this can also be provided.

Scottish

In addition to the above, Scottish regulations require landlords to have PAT included in their electrical inspection. This means that any appliances provided by the landlord must be PAT tested, this includes:

• White goods including fridges, freezers, washing machines, etc.
• Brown goods including televisions, DVD players, games consoles, radios, etc.
• Non-fixed electrical fires
• Kitchen appliances including toasters, kettles, blenders, etc.
• Handheld electrical equipment including hairdryers, irons, etc.
• Any electrical appliances that aren’t permanently connected to the electrical installation
• that is provided by the landlord. Portable appliances generally have a cable and plug.

Appliances which fail the PAT must be replaced or repaired immediately. It is not the landlords responsibility to test tenant owned appliances.

What it means for you

As a landlord of:

In regards to electrical safety, domestic landlords must comply with the following requirements:

• National electrical safety standards must be met in rental properties, these are the standards set out in the 18th edition of the Wiring Regulations (also known as BS 7671).
• Rented properties must be inspected and tested by a qualified and competent person at least every 5 years and a report must be obtained from this person which includes both the results and sets a date for the next inspection/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.
• Where the report shows that remedial or further investigative work is necessary, complete this work within 28 days or any shorter period if specified as necessary in the report.
• 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.

Failure to comply with these regulations may incur financial penalties up to £30,000.

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While the above legislation is aimed at domestic property landlords, it’s important to note that commercial landlords do have a legal duty of care to both tenants and visitors of your commercial property.

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