New build properties not installed to regs at the time of construction

I have come across many new builds where they would not meet the requirements at the time of installation.

We have brought this up with the developer / installer,they have mostly quoted best practise guide 4 saying that it's only a C3.

The way I read bpg4 is that it's for coding when the instalation was to a previous edition of the regulations.

What recourse is there in this situation?

Parents
  • I wonder if this is more about Newfutile being asked to issue an EICR for new dwellings as the original installer hasn’t provided an EIC for whatever reason. Happens here frequently. BC prepared to accept an EICR as there is no possibility of getting the EIC. That being the case, the report might indicate that the purpose of the inspection was to determine if the installation complied with whatever version of BS7671 BC might have accepted certification for. 

  • I wonder if this is more about Newfutile being asked to issue an EICR for new dwellings as the original installer hasn’t provided an EIC for whatever reason.

    Well, now that's another story ... and not good either.

    That being the case, the report might indicate that the purpose of the inspection was to determine if the installation complied with whatever version of BS7671 BC might have accepted certification for. 

    But that would surely rely also on a designer's statement on the absent EIC ... in fact, in these particular circumstances, the EIC not being provided, the answer would have to be "No it didn't!'

  • Again, it must all be in the contracts.

    So, the developer requests final BC approval. BC says, "show us your EIC".

    The developer goes to the electrical contractor and says, "give us the EIC".

    The electrical contractor goes to the designer sub-contractor and says, "fill in your bit of the EIC".

    A contract is simply an agreement which is enforcable in law. So, unless somebody has died, or a company has been dissolved, BC should get its EIC. Accepting an EICR in lieu is a fudge.

    I wonder whether other trade forums (gas fitters, plumbers, glaziers, roofers, etc.) have similar discussions?

  • Accepting an EICR in lieu is a fudge

    Yes, but what if the designer/installer has died or their company hits the wall? As I understand it, there is no other mechanism available to "certify" the installation. So, fudge it is!

  • And of course installation by persons unknown to be regularized by building control - which happens to whole buildings, not just electrical installations !!

    This does indeed happen with glazing, new toilets, kitchens, chimney repairs and all sorts of notifiable works quite often that for one reason or another were not actually notified, and perhaps it is only realised late on it should have been. LA building control pick up the bits by inspecting where they can. Electrics is a very small low-risk part of it.
    If we thought the risk was high enough to be worth it we might have an extra deep EICR, something more like the single vehicle harassment that occurs with home made kit cars in lieu of a first MOT. But really it isn't, so long as the EICR is actually done conscientiously - and not by a £50 cash drive-by outfit !

    Mike.

  • If we thought the risk was high enough to be worth it we might have an extra deep EICR, something more like the single vehicle harassment that occurs with home made kit cars in lieu of a first MOT.

    Or you can drive your 100 year old car, which has virtually nothing which we would regard as a safety device and which does not need an MOT. Anybody fancy 100 year old electrics?

  • Yes, but what if the designer/installer has died or their company hits the wall? As I understand it, there is no other mechanism available to "certify" the installation. So, fudge it is!

    Appoint another 'designer', or agree a course of action acceptable to relevant 'solvent' or 'remaining' parties, perhaps overseen by a relevant 'adjudicator' ?

    Yes, I agree, it might involve a mutually-agreed party carrying out inspections and/or tests, but that's not an EICR unless previously agreed ... and if it were, there would be a good dose of limitations?

Reply
  • Yes, but what if the designer/installer has died or their company hits the wall? As I understand it, there is no other mechanism available to "certify" the installation. So, fudge it is!

    Appoint another 'designer', or agree a course of action acceptable to relevant 'solvent' or 'remaining' parties, perhaps overseen by a relevant 'adjudicator' ?

    Yes, I agree, it might involve a mutually-agreed party carrying out inspections and/or tests, but that's not an EICR unless previously agreed ... and if it were, there would be a good dose of limitations?

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