The Electrical Safety Standards in the Private Rented Sector (England) Regulations 2020 will come into force in June despite concerns that the requirement to undertake an electrical safety inspection and if necessary, remedial works, on all privately rented properties will commence at a time when the ability to gain access to properties to undertake these works may give rise to issues given the current health crisis.
Whilst the requirement to undertake an inspection and remedial works only applies to new tenancies from 1 July 2020, with the requirement to undertake inspections for existing tenancies from 1 April 2021, there must be a risk that where landlords may have started inspections for existing tenancies well before the 2021 deadline, inspections will be delayed. This would exacerbate what, despite industry reassurances, may already be a lack of qualified electricians to undertake the work.
The standards applied in the inspection are the standards for electrical installations in the 18th edition of the Wiring Regulations, published by the Institution of Engineering and Technology and the British Standards Institution as BS 7671: 2018(3). These came into effect on 1 January 2019, so inspections or work undertaken during the course of last year should be in accordance with BS 7671.
Any recommended remedial actions for hazards with the codes C1, C2 and FI should be carried out as quickly as possible.
Inspections carried out before 2019 are a grey area. Guidance suggests that existing installations, installed in accordance with recent, earlier editions of the Wiring Regulations may not comply with the 2019 Wiring Regulations but may still be safe and may not require remedial works.
The Electrical Safety Standards in the Private Rented Sector (England) Regulations also require a copy of the inspection to be provided to new tenants before they occupy premises. During a tenancy, tenants should be given the latest report within 28 days of the inspection.
Enforcement is via Local Authorities. Breaches of the regulations could result in financial penalties of up to £30,000. Authorities will also have the power to undertake remedial works and re-charge the landlord if these are not undertaken by the landlord.
