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.

Newfutile · Answer

Do you not have any (RCD) Residual Current Device at all in the board? 
 I would code C2 for sockets likely to be used for outside use, probably a C2 for bathroom circuits. You could have a look at best practice guide 4, but its up to the inspector to code as they think. 
 As its a rental it's probably best to fit rcd or rcbo it could save someone's life or prevent a fire.

mapj1 · Answer

As an example of industry guidance, you could look at https://niceic.com/getmedia/1acf8e45-b5a1-40ed-b066-d5f18674f99e/best-practice-guide-4-issue-7.pdf 
 It is complex, and far from definitive - a socket not covered by an RCD unlikley to be used for outdoor kit might be a C3 but one serving a room with a shower might be C2 for example. Is a socket by a door 'likely to be used' for say a lawnmower? 
 I can see how two experts can reach differing conclusions. And not all inspectors of rented property are experts. Some very much not... 
 It is perfectly reasonable to seek quotes from someone not doing the inspection, and I'd be very wary indeed of an inspector insisting that only they can do the work involved... 
 Equally how old is the installation? Wiring that is nearly 20 years old and heavily used may also have other things wrong with it, and there may be a tendency to suggest a complete refit, when perhaps a piecemeal method may be less disruptive. Or of course it may be in spit spot condition and good for the next half a century - from here we cannot see. 
 Mike.

Simon Barker · Answer

If the property is in England, then the relevant legislation is https://www.legislation.gov.uk/uksi/2020/312/introduction/made , The Electrical Safety Standards in the Private Rented Sector (England) Regulations 2020. Section 2 specifically calls out BS7671:2018 (which is the 18th Edition Wiring Regulations, not including any subsequent amendments). If the IET and BSI choose to release a 19th Edition, then the law will still only require inspection against the 18th, until the government decides to change the law. 
 Your problem is that anything that was done pre-2018 is likely to be not strictly compliant. And it then comes down to the opinion of the inspecting electrician whether that's a C3 (doesn't strictly comply, but not unsafe) or C2 (doesn't comply, needs fixing). 
 There's nothing to stop you showing the EICR to any other electrician and asking for a quote to fix all the C2s. If all the other electrics are fine, a new consumer unit may well bring it up to standard.

aligarjon · Answer

Is it a ground floor flat or first floor. That will make a difference to the coding if you follow industry guidance BPG4 as socket outlets could be a C3 if not likely to be used outdoors. Also following BPG4 all of the other points quoted should be C3 other than the bathroom which is a little more complex as you have to have supplementary bonding in place or it is a C2 for lack of RCD and supplementary bonding + effective main bonding etc. 
 The above aside even if they are C3, the upgrade has correctly been recommended by the electrician. If you choose to ignore that advice and there is a problem down the line where an RCD would have helped then the responsibility lies with you and not him. 
 Gary

AJJewsbury · Answer

Sarah Howard said: 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'm not sure how 701.512.2 comes into this. That reg is about using equipment with a suitable IP rating in zones 0, 1 and 2 - it had no direct relationship with need for RCDs. As others have said, the lack of additional protection by 30mA RCD for dry internal areas is typically a C3 rather than C2, but a C2 (and hence an overall 'unsatisfactory' outcome) would be reasonable for socket expected to supply equipment outdoors and for bathroom circuits if there was no (or inadequate) supplementary bonding in the bathroom (ditto for room containing a shower). So it might be a case of the detail being a bit muddled, but the overall conclusion (unsatisfactory) being accurate enough (all depending on the details of this particular case, which we can't see, of course). 
 Understanding the details correctly would be helpful when it comes to decide on what remedial action is required or desirable - on one extreme it might be as simple as replacing a socket with an RCD version (in the perhaps unlikely event that only one socket was likely to be used for equipment outdoors), to a simple replacement of MCBs with RCBOs in the existing consumer unit, to (at the other extreme) a complete consumer unit replacement (e.g. if the existing unit is an older model that doesn't have RCBOs available for it) - with several other options in between. There will be quite a few factors to take into account, many of which won't appear on the EICR. A second opinion by someone who can see the installation, is always good for that sort of thing. 
 - Andy.

Chris Pearson · Answer

gkenyon said: It's the legislation that requires defects of C1, C2 or FI to be rectified in 28 days, not the standards and guidance. 
 Taking a step back, I am not sure that is correct. C3 is a non-compliance, albeit not immediately dangerous. On reflection, I do not think that the law distinguishes between C2 and C3. The question is not satisfactory/unsatisfactory, but compliant/non-compliant. C1, C2, C3, or FI requires action within 28 days. 
 I do not think that anybody in here would make no observation for the absence of RCD protection, so the installation has to be brought up to the 18th Edn standard. 
 Sarah, if you are still looking in, could we see a photo of the consumer unit please? I find it difficult to believe that no RCD protection was installed in 2008, but my interest in electrickery post-dates that, so perhaps it was permissible then.

EICR C2 on missing RCDs on existing installation

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