I would consider that the installation needs to comply with the requirements in force at the date that the work starts. I do not feel that a pre-existing tender permits of work being done to an earlier and no longer applicable standard.

I do not consider that the fact that the work was designed and tendered for at a time when requirements were different to be relevant. I suspect that AFDDs are now required, and that the developer is liable for the extra costs.

This presumes that the tender included wording like "Designed and priced under [regulations and amendments therefore as applicable on date DD-MM-YY] " Or something similar.

I disagree with Broadgage.

This should be covered in the terms of the contract. There will be terms relating to the date for which standards and legislation pertain in the Tender documents or the Tender itself, and any changes to this should be discussed as variations to the contract (or tender). There should be a variation clause or procedure.

Question for a quantity surveyor or legal professional, rather than a Wiring Regulations forum, really.

BS 7671 applies to the "design, erection and verification of electrical installations" so if the design has started then the work has started - and logically everything else must follow from the design. It make no sense to design to one version and install or verify to another, nor to demand a design or even installation is re-done if everything hasn't been completed before a new version is released (for very big projects it would be impossible to complete!). Older editions had much clearer wording that the cut-off dates referred to the start of the design, but as Graham says, contractual terms can trump that. There are plenty of precedents for referring to withdrawn versions of BS 7671 - just look at the Electricity Safety Quality and Continuity Regulations  or the The Electrical Safety Standards in the Private Rented Sector (England) Regulations.

  - Andy.

Exactly my thoughts except that ...

Amd1, Introduction (p4) "Installations designed after 31st December 2018 are to comply with BS 7671:2018." (my emphasis)

Amd2, Introduction (p8) "BS 7671:2018+A1:2020 remains current and will be withdrawn on 27th September 2022."

So the provision that it is the date of design rather than the date of installation has gone (and replaced by nothing).

However, the Introduction continues with the heading, "Contractual and legal consideration" and

"Note 1: Completion of an electrical installation designed to the withdrawn standard can be subject to the contractual agreement between all parties involved."

IMHO that is a somewhat long-winded way of saying that if the installation was designed to Amd1, it may be installed to Amd1, so back where we were.

So subject to the small print, Amd2 permits installation to Amd1 if that's what the contract specifies.

If it is a big project, and there remains a difference of opinion, clearly legal advice should be sought.

Thankyou for the replies gents. 

I contacted the IET in which they have responded in a similar way to gkenyon and Chris Pearson  in which they stated the below:

"If this is a single new build development that you are looking at, which had all of the unit designs completed and documented before the implementation date of AMD 2 then it would have been acceptable to complete the dwellings to the earlier version.

The electrical documentation must reflect that the design was completed to the earlier version

Thus, the construction, along with the inspection and testing, would also be to AMD 1.

The completion documentation must then be to AMD 1.

The design section of the EIC must be completed indicating a date before the Date of Withdrawal of AMD 1.

If the documentation indicates that the design, construction, inspection & testing is to AMD 2, then the installation must comply with AMD 2 in full.

If the design documentation is dated after the implementation date of AMD 2 but is to AMD 1, then that would not be acceptable.

So, in summary:

• Design dated before AMD 2 released, complete to AMD 1, on AMD 1 documentation.
• Design dated after the AMD 1 withdrawal, complete to AMD 2, on AMD 2 documentation."

Basically, if all parties contractually agree (Building control, warranty provider, main contractor, sub-contractor), then the design and installation can be to AMD 1 if design is dated before withdrawal. However, the insurance and warranty provider are pushing back and saying that the installation will commence after the withdrawal date, therefore must comply with AMD 2. Seems like a grey area to me.. 

Matt Jarvis said:

Seems like a grey area to me.

Agreed, and whatever BS 7671 says, can't over-ride contractual or legal decisions, hence needs to be addressed using the correct contractual variations procedure or the similar procedure in the tender process.

AJJewsbury said:

There are plenty of precedents for referring to withdrawn versions of BS 7671 - just look at the Electricity Safety Quality and Continuity Regulations  or the The Electrical Safety Standards in the Private Rented Sector (England) Regulations

Can't confuse this with what legislation states, it's a wholly different kettle of fish. There are reasons the legislation has to refer to dated versions of standards, but it doesn't mean that you could get away with using the earlier version, and a contract may require you to use a later version in any case.

This thread is in respect of a contractual issue plain and simple

How about if an electrician was paid to walk about the site with a tape measure and a notepad on the 26th September and measured and made notes until the day the JCBs turn up?

Probably more expensive than putting the AFDDs in!

Chris Pearson said:

Amd1, Introduction (p4) "Installations designed after 31st December 2018 are to comply with BS 7671:2018." (my emphasis)

The point for this thread being, regardless of what BS 7671:2018 and BS 7671:2018+A1:2020 said, someone may still have been contractually bound to an earlier version of the standard, and that would have been that unless a variation could be agreed in accordance with the relevant contractual procedures ...