New Electrical safety standards for England

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Electrical Safety:

ARLA propertymark
reminds us that the Commencement Order in Sections 122 and 123 of the
Housing and Planning Act 2016 (electrical safety standards) came into
force on 25 October 2019. This means that mandatory electrical safety
checks in the private rented sector in England regulations will be
implemented very soon.

The Housing and
Planning Act 2016, under Section 122, contains an enabling power to
allow the Secretary of State, through regulations, to impose duties
on private landlords ensuring that electrical safety standards are
met.

The frequency of checks and the qualifications for those electricians carrying them out, as well as penalties for breaches and an appeals process, are all likely to be specified soon.

However, with a general election now in progress it is likely to be the New Year before action is taken.

A working group of interested parties, including ARLA Propertymark, other industry representatives and landlord bodies, electrical and tenant bodies, have provided recommendations to government on the proposed requirements for electrical safety in the private rented sector (PRS).

Here is a summary of
the Electrical Safety Working Group recommendations provided by ARLA
Propertymark:

Recommendation 1:
Five yearly mandatory electrical installation checks should be set
out in secondary legislation.

Recommendation 2:
Visual checks of the safety of the electrical installation by
landlords at a change of tenancy should be encouraged as good
practice and set out in guidance.

Recommendation 3:
A report should be issued to the landlord which confirms that an EICR
has been completed along with confirmation that any remedial work
necessary has been undertaken satisfactorily. A copy should be issued
to the tenant at the beginning of the tenancy and should be made
available to local authorities on request.

Recommendation 4:
Landlord supplied electrical appliance testing and visual checks of
electrical appliances by landlords at a change of tenancy should be
encouraged as good practice and set out in guidance.

Recommendation 5:
The installation of Residual Current Devices (RCDs) by landlords
should be encouraged as good practice and set out in guidance.

Recommendation 6:
A Private Rented Sector electrical testing competent person’s
scheme should be set up which would be separate from existing
Building Regulations competent person’s scheme.

Recommendation 7:
DCLG should commission the Electrotechnical Assessment Specification
(EAS) management committee to consider the most effective method of
recognising ‘competent PRS testers’ to carry out electrical
inspections and tests.

Recommendation 8:
Legislative requirements should be phased in, beginning with new
tenancies, followed by all existing tenancies.

It is anticipated that the eventual regulations will follow closely these recommendations, so all PRS landlords should consider these and make plans to comply as soon as possible.

Electrical safety in the private rented sector

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