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BS7671 Amendment 2 transition period on existing projects

Matt Jarvis

My question relates to the latest amendment to the wiring regulations; BS7671:2018:A2:2022 and the transition period on live projects.

I am currently working on multiple large residential projects that have been designed upto Stage 3 and tendered, but will not commence on-site until after the 27/09/22 which is the withdrawal date of AMD 1. The new regulations state that electrical installation commencing after the withdrawal date (27/09/22) must comply with AMD 2. 

We now have an issue of the developer coming back to us shouting about additional costs  due to the addition of AFDDs, which are required as part of AMD 2 but only 'recommended' as part of AMD 1, so have not been included in the original design. 

Has anyone had any issues with this on their projects? As the design is complete and tendered can we not install to AMD 1?

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  • +1

    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.

  • +1 in reply to gkenyon

    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    Amd2, Introduction (p8) "BS 7671:2018+A1:2020 remains current and will be withdrawn on 27th September 2022."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    "Note 1: Completion of an electrical installation designed to the withdrawn standard can be subject to the contractual agreement between all parties involved."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.

  • 0 in reply to Chris Pearson
    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 ...

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  • 0 in reply to Chris Pearson
    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 ...

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  • 0 in reply to gkenyon

    I quite agree. For substantial works, surely the contract stipulates that the work was to be done either (1) to BS 7671 Amd1; or (2) to the version of BS 7671 which is current at the time of commencement of works (which might make design impossible unless the designers have crystal balls).

    The amendment of BS 7671 cannot be used to vary the terms of a contract.

    Incidentally, if these things have not been specified, the contract is, arguably, void for uncertainty.

    My son-in-law makes a very (very) good living as a commercial lawyer. He once summarised his work as making sure that contracts say what his clients mean.

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