Eicr Compliance: Understanding The Law And Its History

The Electrical Safety Standards in the Private Rented Sector (England) Regulations 2020 came into force on 1 June 2020, with all new tenancies requiring an Electrical Installation Condition Report (EICR) from 1 July 2020 and all existing tenancies from 1 April 2021. EICRs are a legal requirement for landlords in England, and the reports must be renewed every five years.

EICR law for landlords vs. businesses

The Electrical Safety Standards in the Private Rented Sector (England) Regulations 2020, which came into force on 1 June 2020, mandate that landlords in England obtain a valid Electrical Installation Condition Report (EICR) for all new tenancies from 1 July 2020 and for all existing tenancies from 1 April 2021. Landlords are required to provide tenants with a copy of the EICR at the beginning of the tenancy and ensure that electrical safety standards are met. Local authorities can fine landlords up to £30,000 for non-compliance.

On the other hand, EICR is not a legal obligation for businesses. However, businesses have a duty of care under the Health and Safety at Work Act (1974) and the Electricity at Work Regulations (1989) to ensure the safety of their electrical installations and provide a safe working environment for employees. While non-compliance with these legislations does not result in fines specific to EICR, businesses can be penalised for negligence, which may include failing to arrange an EICR or take remedial action based on its recommendations. These fines can amount to hundreds of thousands of pounds, significantly higher than those for landlords.

To summarise, while EICR is a legal requirement for landlords in England with potential fines of up to £30,000, it is not explicitly mandated by law for businesses. Nonetheless, businesses are still obligated to ensure electrical safety and can face substantial penalties for negligence, including failure to obtain an EICR.

EICR law from July 1, 2020

From July 1, 2020, EICR (Electrical Installation Condition Report) became a legal requirement for landlords in England. The Electrical Safety Standards in the Private Rented Sector (England) Regulations 2020, which came into force on June 1, 2020, stipulate that all new tenancies in England from July 1, 2020, and all existing tenancies from April 1, 2021, must have a valid EICR.

The EICR is a safety report that assesses the condition, performance, and safety of electrical installations in a property. It is carried out by a qualified electrician to ensure the safe operation of electrical installations throughout the property. The report is valid for five years, although an electrician may recommend a shorter interval between inspections.

Landlords must obtain an EICR report, supply a copy to tenants at the beginning of their tenancies, and ensure the report remains valid through regular inspections. Local authorities can fine landlords up to £30,000 for failing to comply with EICR regulations.

The EICR is not an explicit legal obligation for businesses. However, businesses can be fined for negligence if they fail to maintain safe electrical installations as outlined in the Health and Safety at Work Act (1974) and the Electricity at Work Regulations (1989).

The cost of an EICR test depends on the size of the property, with prices ranging from £99 to £200 for standard households. Commercial properties may cost more, depending on the size and complexity of the circuitry.

To comply with EICR regulations, landlords should:

• Obtain an EICR report and supply a copy to tenants at the beginning of their tenancies.
• Ensure the electrical installation is inspected and tested at regular intervals (no longer than five years) by a qualified person.
• Supply a copy of the report to the local housing authority within seven days of receiving a written request.
• Retain a copy of the report until the next inspection and provide it to the person conducting the next inspection.
• If the report requires remedial or investigative work, complete this work within 28 days or the period specified in the report, whichever is shorter.
• Provide written confirmation of the completion of remedial work to tenants and the local authority within 28 days of completion.

EICR law from April 1, 2021

From 1 April 2021, all landlords in England became legally required to have their properties' electrics tested every five years and to provide an Electrical Installation Condition Report (EICR) to tenants. This law, which came into force on 1 June 2020, applies to all new tenancies from 1 July 2020 and was extended to all tenancies, including existing ones, from 1 April 2021.

The EICR is designed to ensure that the electrics in rental properties meet the necessary safety standards, as set out in the 18th edition of the Wiring Regulations. Landlords must book a 'qualified and competent person' to complete an inspection of the property and provide a certificate.

During an EICR inspection, an electrician will complete a thorough assessment of all the electrics in the property, including a visual inspection, live and dead testing, and RCD testing. The light fittings, plug sockets, wiring, and fuse box/consumer unit will all be inspected, as well as connected equipment like showers and extractors.

The EICR report will confirm whether the electrics in a property are safe or whether any remedial work is required to ensure their safety. If a landlord fails to provide an EICR or breaches their duties to remedy electrical dangers, they can be fined up to £30,000.

To comply with the regulations, landlords must obtain a new EICR every five years. They must supply a copy of the report to their tenants within 28 days of the inspection and to new tenants before they move in. Prospective tenants can also request a copy, which must be supplied within 28 days.

While EICR itself is not a law, it is a legal requirement for landlords, who must carry out the necessary work on their rented properties at least every five years.

EICR law for new-build properties

If a property is newly built or has been completely rewired, it should have an Electrical Installation Certificate (EIC). The EIC covers the whole electrical installation and is a legal requirement for letting and must be redone every five years.

Landlord Requirements

Landlords can provide a copy of the EIC to tenants and, if requested, to the local housing authority. The landlord will then not be required to carry out further checks or provide a report for five years after the EIC has been issued, as long as they have complied with their duties under the regulations.

If the EIC shows that remedial work or further investigation is required, landlords must complete this work within 28 days or any shorter period if specified as necessary in the report. Landlords must then provide written confirmation that the work has been carried out to their tenant and to the local authority within 28 days of completing the work.

Tenant Requirements

Tenants are responsible for making sure that any of their own electrical appliances are safe.

Local Authority Requirements

If a local authority has reasonable grounds to believe that a landlord is in breach of one or more of the duties in the regulations, they must serve a remedial notice on the landlord requiring remedial action.

Should a landlord not comply with the notice, the local authority may arrange for remedial action to be taken themselves. The local authority can recover the costs of taking the action from the landlord. The landlord has the right of appeal against a demand for costs.

EICR law penalties

The Electrical Installation Condition Report (EICR) is not a legal requirement in itself for businesses. However, many property owners are bound by legal obligations to their staff, customers or tenants, which can be met by an EICR inspection.

Residential landlords, on the other hand, are legally obliged to have an EICR report every five years and provide that report to existing tenants within 28 days of the test, to new tenants before they occupy the property, to prospective tenants within 28 days of a request, and to local authorities within seven days of a request.

Failure to carry out any of the above can result in a penalty of up to £30,000 for residential landlords. Local authorities can fine landlords up to £30,000 for an EICR breach. However, it's important to note that fines for businesses can be much higher and run into the hundreds of thousands of pounds.

While there are no specific penalties for EICR non-compliance, it can lead to significant financial penalties and even imprisonment if someone is harmed on a business's property. This is because it relates to two highly important laws: the Health and Safety at Work Act (1974) and the Electricity at Work Regulations (1989). These regulations outline the responsibility of businesses to provide a safe working environment for employees, including the proper maintenance of electrical installations.

As such, failing to keep up with EICR recommendations from a qualified professional could demonstrate negligence. This kind of negligence can result in heavy fines if any incidents occur. For example, a company in Leeds was fined £285,000 due to an employee fatality in 2014. They were found to have breached the Health and Safety at Work Act (1974) by failing to identify the risk of crushing between two machines.

Therefore, to avoid any complications with the law, businesses should keep up to date with EICR inspections and arrange any recommended remedial work promptly.

Frequently asked questions