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Electrical Safety Standards in the Private Rented Sector (England) Regulations 2020.

So I posted this on a lively Facebook group and got every view under the sun.



‘Anyone been asked to do an EICR in accordance with the new law for rented properties yet? 



(I know it’s not until 1st June 2020 or 1stApril 2021)



All private rented properties in England must fully meet the 18th edition. No Codes. No deviations. 



http://www.legislation.gov.uk/uksi/2020/312/contents/made



The general consensus was if it affects me then C3’s remain acceptable. 



If it does not affect me no deviations are allowed.



My view, as someone who does virtually no domestic is two fold, 



1; The Law is badly written. 



2; The Law requires installations to actually meet the 18th (unamended) 



The Housing Act 2004 calls for installations to be ‘safe for continued use’, this new Act no longer uses that language instead it says



The Act



3.—(1) A private landlord(1) who grants or intends to grant a specified tenancy must—



(a)



ensure that the electrical safety standards are met during any period when the residential premises(2) are occupied under a specified tenancy;



(b)



ensure every electrical installation in the residential premises is inspected and tested at regular intervals by a qualified person;



Definitions in the Act



“electrical safety standards” means the standards for electrical installations in the eighteenth edition of the Wiring Regulations, published by the Institution of Engineering and Technology and the British Standards Institution as BS 7671: 2018.



Now, The 18th, and indeed most versions have wording similar to this In part 6



Existing installations that have been installed in accordance with earlier editions of the Regulations may not comply with this edition in every respect. This does not necessarily mean that they are unsafe for continued use or require upgrading.



Clearly, This is intended to prevent mandatory upgrading and retain the fact that regulations are not retrospective and never have been. 



However, This law does not call for ‘Satisfactory’ or ‘Safe for continued use’ it calls for ‘ensure that the electrical safety standards are met’ 



A code, by any definition indicates a non compliance, and, surely a non compliance by definition indicates a standard has not been met. 



And then there is ‘Qualified’



“qualified person” means a person competent to undertake the inspection and testing required under regulation 3(1) and any further investigative or remedial work in accordance with the electrical safety standards; 



This would seem to preclude non certificated members of QS schemes and actually require that the individual indeed qualified? 



It is a mess really.


Parents
  • I said the same when I first read the draft. It is a significant improvement on the present situation, as it is focused on individual competence and sets out the minimum requirement of an inspector. Of course there are many feeding from the trough and many of those signed up to be in the trough, who would rather things did not change. If this legislation is applied diligently at the first point of contact, the troughs would dry up, as a secondary effect will be electricians leaving incompetent persons schemes in droves.

    But landlords want their cake and they want to also eat it. Presently some landlord representatives, and others with an interest, bemoan the lack of any standard and consistency. However the private rental sector wants the same risk transfer as present and so require a check box to be ticked that can be devolved to another agency. Presently this transfer is in the many layers of deceit aided and abetted by incompetent persons schemes, and, I would say, many members of these schemes are also complicit. The use of the words "electrical safety" and "competent" in the 2005 CP Scheme have been latched onto by Landlords, some electrician entities, others  and registration schemes, as a means of blurring the trail of culpability and obscurring the oddity that at least 80% of those that people will refer to "as electricians" are, in fact, electrical labourers.  It has become the ultimate tickbox for transfering risk into the ether, but also a cute way driving down the cost of " an electrician ".


    The new proposed law is very clear where responsibility resides as to the suitability of an Inspector for purposes of private rental. This will scare the pants off landlords. They have to make the choice, they have to take the responsibility, so, if they are risk averse and responsible, they simply check that the "Electrician" they chose to do the inspection report meets the minimum requirements of the draft legislation. Trouble is, their choice would now be limited to about 20% of what it was previously and the cost would increase. So in the background, the registration schemes are lobbying hard to keep the status quo and keep the emperor fully clothed by constructing a Private Rental Sector register where a landlord can chose a contractor and keep the existing diluted trail of responsibility. Of course, this register will be compiled by the two big players, but the sting is that you also must be "part p registered", in addition to other things and likely "other costs" .  Yes, the draft law allows an independent inspector/ electrician, not registered with any scheme, to do Rental Inspections, so long as they can demonstrate to the client/landlord, they meet the minimum requirements, but this Private Rental Sector register will have the advantage of big publicity, big badges, low cost for landlord, the "choice" risk being transfered elsewhere and sadly, the illusion all backed up by by "part p-electrical safety-dwellings". It will also have the advantage of being backed by switchgear manufacturers who have done very well through forced upgrades of consumer units since 2005.


    When JP posted the headline of this new legislation a few months ago, I was pleasently surprised the draft required a fairly decent level of minimal qualification and stated you did not need to be a member of a scheme. It was all very welcome. Though worded  as most legal legislation, the gist was plainly clear. However, this draft legislation is going to emerge into an electrical installation world that has been completely perversed since 2005 and is going to flounder on the rocks of Part P for anyone hoping it is going to make any difference to the quality and honesty of EICR in the rental sector.
Reply
  • I said the same when I first read the draft. It is a significant improvement on the present situation, as it is focused on individual competence and sets out the minimum requirement of an inspector. Of course there are many feeding from the trough and many of those signed up to be in the trough, who would rather things did not change. If this legislation is applied diligently at the first point of contact, the troughs would dry up, as a secondary effect will be electricians leaving incompetent persons schemes in droves.

    But landlords want their cake and they want to also eat it. Presently some landlord representatives, and others with an interest, bemoan the lack of any standard and consistency. However the private rental sector wants the same risk transfer as present and so require a check box to be ticked that can be devolved to another agency. Presently this transfer is in the many layers of deceit aided and abetted by incompetent persons schemes, and, I would say, many members of these schemes are also complicit. The use of the words "electrical safety" and "competent" in the 2005 CP Scheme have been latched onto by Landlords, some electrician entities, others  and registration schemes, as a means of blurring the trail of culpability and obscurring the oddity that at least 80% of those that people will refer to "as electricians" are, in fact, electrical labourers.  It has become the ultimate tickbox for transfering risk into the ether, but also a cute way driving down the cost of " an electrician ".


    The new proposed law is very clear where responsibility resides as to the suitability of an Inspector for purposes of private rental. This will scare the pants off landlords. They have to make the choice, they have to take the responsibility, so, if they are risk averse and responsible, they simply check that the "Electrician" they chose to do the inspection report meets the minimum requirements of the draft legislation. Trouble is, their choice would now be limited to about 20% of what it was previously and the cost would increase. So in the background, the registration schemes are lobbying hard to keep the status quo and keep the emperor fully clothed by constructing a Private Rental Sector register where a landlord can chose a contractor and keep the existing diluted trail of responsibility. Of course, this register will be compiled by the two big players, but the sting is that you also must be "part p registered", in addition to other things and likely "other costs" .  Yes, the draft law allows an independent inspector/ electrician, not registered with any scheme, to do Rental Inspections, so long as they can demonstrate to the client/landlord, they meet the minimum requirements, but this Private Rental Sector register will have the advantage of big publicity, big badges, low cost for landlord, the "choice" risk being transfered elsewhere and sadly, the illusion all backed up by by "part p-electrical safety-dwellings". It will also have the advantage of being backed by switchgear manufacturers who have done very well through forced upgrades of consumer units since 2005.


    When JP posted the headline of this new legislation a few months ago, I was pleasently surprised the draft required a fairly decent level of minimal qualification and stated you did not need to be a member of a scheme. It was all very welcome. Though worded  as most legal legislation, the gist was plainly clear. However, this draft legislation is going to emerge into an electrical installation world that has been completely perversed since 2005 and is going to flounder on the rocks of Part P for anyone hoping it is going to make any difference to the quality and honesty of EICR in the rental sector.
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