The new Landlords' EICR requirements. The law says that everything must now be to 18th Edition!

[andyb]

If you follow the 'rules' of the 18th, correct the guidelines for periodic tests say you inspect to the current, and recommend or identify dangers where it departs, but an existing installation doesn't have to be compliant with the current version.

However, the legislation as implemented in the case of tenancies in England, does state that it must be compliant (and therefore not in-line with the usual practice)

It is very likely an oversight and lack of understanding by the mps draughting the legislation, nevertheless if that's what the law states, then it becomes up to the courts to decide what the correct interpretation is.

(Just like any other law, this is what keeps lawyers in business)

The point I'm trying to make Julie is that if a homeowner employs me to undertake a PIR it makes no difference to me the reason behind the request. It could be an insurance company request, or the local council for an HMO, or the said new letting law or even just the home owner for peace of mind. In every case the PIR will be the same and the EICR filled out the same.
This is what protects you in law down the line if things go wrong.

 

[Julie.]

If they ask you for a standard pir, then you are OK.

I suspect however they will ask you for a report in accordance with the Electrical Safety Standards in the Private Rented Sector as this is what they must obtain.

In which case you should be inspecting to those standards.

In the past i have carried out inspections to various standards, the easiest mistake to make is to reference the wrong standard!

 

[Vortigern]

mps draughting the legislation

It is not MPs that draught an SI it is the SoS that effectively writes it. That is why it is called "back door law"

 

[Julie.]

It is not MPs that draught an SI it is the SoS that effectively writes it. That is why it is called "back door law"

Yup good point

Still issued in their name, sort of!

 

[andyb]

If they ask you for a standard pir, then you are OK.

I suspect however they will ask you for a report in accordance with the Electrical Safety Standards in the Private Rented Sector as this is what they must obtain.

In which case you should be inspecting to those standards.

In the past i have carried out inspections to various standards, the easiest mistake to make is to reference the wrong standard!

That's my point, I'll only do a standard PIR, the EICR states
'The inspection and testing detailed in this report and accompanying schedules have been carried out in accordance with BS 7671:2018 (IET Wiring Regulations) as amended to 2018.'
Anything else would require a different form and, as you say, with the vagueness of the legislation could lead to problems later.

 

[westward10]

The legislation is aimed at the landlord not the individual carrying out the test and inspection. I agree with @andyb I would carry out the EICR as I would normally do it is then up to the client how they comply with the new legislation.

 

[Julie.]

Yes, I get your point, unfortunately I can see that lawyers and courts might interpret it in quite a different way, 'you were asked to provide a landlord's report in accordance with the legislation as a competent electrician'.

Whilst I agree that what should be done is an inspection in line with periodic inspections as defined in the current edition of the wiring regs (in Scotland, that's what is required under the equivalent legislation) the plain fact is that the English legislation has defined the requirements differently, basically demanding compliance with the current regs.

This opens it up for lawyers to argue for compliance as basically that's what the law states.

I wouldn't want to be the one defending the 'custom and practice', or 'that's what they really meant' against a fancy lawyer, as they may have a better lawyer than I can afford!

 

[Vortigern]

Of course one of the most glaring errors in the S.I. is it does not apply to anyone but private LLs. That means that all of the charitable and social housing organisations are exempt from these requirements. Which I think is pretty pathetic.

 

[Wilko]

I suspect however they will ask you for a report in accordance with the Electrical Safety Standards in the Private Rented Sector as this is what they must obtain.

Hi - as per Andyb, the forms I know of (and use) are the EICR from Appendix 6 of BS7678. Are there other forms or standards that we should now use for domestic rental properties?

Is the intent to require non safety related items to be C2 and therefore force them to be upgraded?

 

[Vortigern]

You might also wish to read the Guidance notes to this S.I. which among other things sets out the requirements of the person doing the tests. I note that there is no requirement to be a member of a CPS! As this is regarded as too much bureaucracy!