EICR C2 on missing RCDs on existing installation

Question

I had an EICR done on my property which I let and currently has tenants in it. The previous EICR in 2020 came back with no observations, so I was very surprised that this time I got C2 on missing RCDs on the distribution board (411.3.3; 415.1), final circuits for socket outlets up to 32 A (411.3.3), concealed cables in walls (522.6.202 and .203) and lighting circuits (411.3.4.), cables passing through zones 1/2 (701.411.3.3.) and for location which requires IP-rating (701.512.2.). 
 I of course absolutely want to ensure electrical safety and full compliance with the applicable laws and standards in my flat. However I am surprised, that the installation which at the time of completion in 2008 was certified safe and also passed the inspection in 2020, has now suddenly become unsafe due to missing RCD. To my understanding it is rare, that standard updates are applied to existing installations to this extent, and in a manner that requires immediate and extensive updates carried out within 28 days (deadline given on the report). Would anybody be able to confirm if this interpretation made by the engineer is correct, and indeed all landlords in the UK are now required to update electrical systems in their properties, if the RCDs are not present? 
 Thank you

gkenyon · Accepted Answer

Sarah Howard said: I am surprised, that the installation which at the time of completion in 2008 was certified safe 
 That was probably to 16th Edition. 17th Edition, BS 7671:2008, which came into force later in 2008, mandated RCDs in more cases than 16th Edition. However, conformity of the installation at the time of installation was a matter for the original installer and their inspector. 
 Sarah Howard said: and also passed the inspection in 2020 
 The person carrying out the EICR in 2020 may have had a different opinion. 
 It certainly does not meet the current BS 7671, and is demonstrably less safe, but does that make it "potentially dangerous"? 
 I agree that changes in standards doesn't necessarily mean that an earlier installation to a previous version of the standard is unsafe, but people carrying out EICRs also follow industry guidance on issues like this, which also changes over time. 
 Sarah Howard said: To my understanding it is rare, that standard updates are applied to existing installations to this extent, and in a manner that requires immediate and extensive updates carried out within 28 days (deadline given on the report). 
 It's not "just happened" that RCDs are being more stringently applied in the standards ... we are talking provisions that have been in place now for at least in excess of 15 years. As above, industry guidance does change. The IET does not publish guidance specifically addressing the suitability of particular issues found in existing installations for continued service, but other organizations do, for example NAPIT and Electrical Safety First, and this guidance is used for reference by inspectors. 
 It's the legislation that requires defects of C1, C2 or FI to be rectified in 28 days, not the standards and guidance. 
 Sarah Howard said: Would anybody be able to confirm if this interpretation made by the engineer is correct, 
 You could get a second opinion, but without looking at the particular installation, and reviewing the report against it, which would of course incur costs, it's not really possible to advise the particular circumstances in a discussion forum like this. 
 Sarah Howard said: and indeed all landlords in the UK are now required to update electrical systems in their properties, if the RCDs are not present? 
 Again, the circumstances of a particular installation, and the industry guidance used by the inspector, would affect this. 
 Finally, I would add that on this question, only a court of law can provide a definitive interpretation of standard (and any attendant industry guidance) for given circumstances - British Standard BS 0 means that even those who are involved in writing standards cannot provide an official "interpretation". Hence, without a court case, you can only get an "opinion" from anyone.

gkenyon · Answer

I would also add that, in a place of work, relevant H&S legislation applies. It's a little different, in that the Employer has a duty to review risk assessments and safety provisions when standards change ... some safety provisions in legislation is "so far as reasonably practicable", and some are "absolute duty". What this means, is that where the change in standards relates to an absolute duty, you'd have to make a change, whereas if it's a "so far as reasonably practicable" provision, you can take into account time, cost and trouble balanced against the overall risk (evaluated from severity of harm and probability of occurrence) to decide whether a change was necessary to adopt. 
 So again, it's not a given that changes in standards will (or won't) affect the safety built into an electrical installation, in a place of work.

EICR C2 on missing RCDs on existing installation

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