Landlords and Their Legal Responsibilities in Relation to Electrical Safety

A guide to the legal responsibilities for private landlords in relation to the safety of electrical installations and portable electrical appliances in England and Wales.
 
MILTON KEYNES, U.K. - Nov. 9, 2013 - PRLog -- Reference is made to the following guidance notes, statutory and non-statutory regulations and legal requirements:

The Electrical Safety Council (ESC) - Landlord and Tenant Act 1985 - Health & Safety Executive (HSE) - BS 7671 Requirements for Electrical Installations
IET Wiring Regulations 2008 (amd. 2011) - Part P of the Building Regulations 2005 (amd. 2013) - Consumer Protection Act 1987 - The Electrical Equipment (Safety) Regulations 1994 - The Electricity at Work Regulations1989 - Domestic Building Services Compliance Guide 2010 - Institute of Engineering & Technology (IET).

Periodic Testing & Inspecting (Electrical Installation Condition Reports) of Electrical Installations.
BS 7671 published by the IET states that periodic inspection and testing of every electrical installation shall be carried out in accordance with BS 7671 regulation 621.2 to 621.5 in order to determine, so far as is reasonably practicable, whether the installation is in a satisfactory condition for continued use.

Periodic inspection comprising a detailed examination of the installation shall be carried out without dismantling or with partial dismantling as required, supplemented by appropriate tests from chapter 61 to show that the requirements for disconnection times, as set out in chapter 41 for protective devices, are complied with, to provide  for

1) safety of persons and livestock against the effects of electric shocks and burns
2) protection against damage to property by fire and heat arising from an installation defect
3) confirmation that the installation is not damaged or deteriorated so as to impair safety
4) the identification of installation defects and departures from the requirements of BS 7671 regulations that may arise to danger.

The ESC recommends that a check of the electrical installation in rented properties is carried out every five years, and that interim checks are carried out on an annual basis.

In addition, if your electrical installation is new, this checklist may be used for the Interim period up to the first formal inspection and test.

Consumer Protection Act 1987
Failure to comply with the Electrical Regulations may constitute a criminal offence under the Consumer Protection Act 1987 that carries a maximum penalty on summary conviction of a £20000 fine and/or six months imprisonment. This Legislation means that Landlords have a legal obligation and a duty of care to tenants to ensure that the electrical installation and the electrical equipment supplied is safe.

Portable Appliance Testing (PAT)
The Electrical Equipment (Safety) Regulations have been mandatory since 1st January 1994. They state that all electrical appliances with let accommodation must be safe. This applies to both new and second-hand appliances and covers all electrical items supplied for the intended use of the Tenant. Portable appliances must be tested and inspected at least every 12 months.

Landlord and Tenant Act 1985
The Landlords and Tenants Act 1985 requires that the electrical installation in a rented property is:

a) safe when a tenancy begins and
b) maintained in a safe condition throughout the tenancy.

Undertaking Electrical Installations and Maintenance.
Electricity at Work Regulations 1989

The Electricity at Work Regulations 1989 states that persons to be competent to prevent danger and injury. No person shall be engaged in any work activity where technical knowledge or experience is necessary to prevent danger or, where appropriate, injury, unless he possesses such knowledge or experience, or is under such degree of supervision as may be appropriate having regard to the nature of the work.

The HSE also refers to the Electrical Standards and Approved Codes of practice.

Part P of the Building Regulations
In 2005 the Government introduced electrical safety rules into the Building Regulations for England and Wales. Because of this, most fixed electrical installation work in homes must, by law, meet the Building Regulations.

By law, the homeowner or landlord must be able to prove that all electrical installation work meets Part P, or they will be committing a criminal offence.

Local authorities have the power to make homeowners or landlords remove or alter any work that does not meet the requirements of the Building Regulations.
Part P states that anyone carrying out electrical installation work in a home must make sure that the work is designed and installed to protect people from fire and electric shocks. Part P applies to newly built homes and to any changes made to existing installations, including any parts that have been rewired.

BS 7671 - Requirements for Electrical Installations.
BS 7671 was first introduced in 1882 (1st edition) titled "Rules and Regulations for the Prevention of Fire Risks Arising from Electric Lighting"
Since 1882 there has been many updates and amendments which now brings us to the 17th edition titled "Requirements for Electrical Installations" which was published in 2008 and updated in 2011.

The Requirements for Electrical Installations also refer to statutory regulations which are law.

Failure to comply in a consumers installation in the UK with the requirement of chapter 13 of BS 7671 places the electricity distributer in the position of not being compelled to commence or, in certain circumstances, to continue to give, a supply of electricity to that installation.

Be Safe, Be Legal.
Don't take unnecessary risks which could result in a fire, electric shock or even a fatality which could land you in court. The rules, regulations and laws are there to help minimise the risk of electric shocks, burns and fires to people, livestock and property and must be adhered to at all times. In the eyes of the law ignorance is no exception.

In-order to become a fully qualified electrician it takes a 4 year apprenticeship which consists of attending an approved college or training center with on site training. During the 4 years the candidate will have to complete and pass many assessments and exams along the way for both the technical, theory and practical side. Once fully qualified the electrician can then (if they wish to) attend further education and training to get qualified to carry out Electrical Installation Condition Reports once they have obtained the necessary training, experience and qualifications to do so.

As you can see from above it takes a lot of training, technical knowhow and experience to be a qualified electrician, no amount of "how to" YouTube videos or Googling can replace this.

Further information and downloads can be found here: http://www.inspec-electrical-contractors.co.uk/landlords-...

Contact
Inspec Electrical Contractors Ltd
***@inspec-electrical-contractors.co.uk
01908 521801
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