Repairing Standard: statutory guidance for private landlords

Annex D3: Installations for the supply of electricity

D.52 Private landlords in Scotland are required by sections 19A and 19B of the Housing (Scotland) Act 2006 to ensure that the installations in the house for the supply of electricity and electrical fixtures and fittings and appliances provided by the landlord under the tenancy are in a reasonable state of repair and in proper working order.

D.53 The term "installation” includes all of the provisions for the supply, distribution and use of electricity within a house from the supply intake position including the supply switch disconnector (if installed), the consumers meter tails, the consumer unit for distribution of electricity to the connected circuits, all wiring of circuits to their point of connection and all wiring accessories and fittings such as light fittings, light switches, socket-outlets.

D.54 A Residual Current Device (RCD) is a protective device that operates automatically, switching off the supply of electricity when a residual current is detected if there is a an earth fault. RCDs provide a high level of protection against the risk of electric shock and reduce the risk of fire arising from defects in electrical equipment. The presence of an RCD as part of an installation with wider shock protection aspects in good condition provides additional safety over and above that provided by fuses and circuit-breakers alone.

D.55 In order to comply with the Repairing Standard, there must be one or more Residual Current Device (RCD) with rated residual operating current not exceeding 30 mA in the main or principal consumer unit. Normally, as a minimum, this will cover the socket-outlet circuit. However, the protection requirements will vary depending on the installation in the let property. As set out in D.60 – D.73, in order to comply with the Repairing Standard, landlords should ensure that an EICR is completed every five years. The EICR assesses the installation against BS 7671. This British Standard includes the requirements for RCD protection. Therefore, landlords should refer to the EICR report for the appropriate RCD protection for their installation. The absence of an RCD means that the house does not comply with the Repairing Standard.

D.56 Landlords are required to ensure an electrical safety inspection comprising of periodic inspection and testing (PI & T) of the electrical installation and 'In-service inspection and testing of electrical equipment’ (also known as PAT testing) is carried out by a skilled person(s) competent in such work before the property is let for the first time, and then at intervals of no more than five years. This does not have to be completed immediately before a new tenancy begins or every time a new tenancy starts, as long as it has been carried out in the period of 5 years before the tenancy starts. As set out in D.73, A landlord who has an Electrical Installation Certificate for a property can provide this for the purpose of PI & T to comply with this guidance.

D.57 The purpose of PI & T and In-Service Inspection and Testing of Electrical Equipment is to confirm, so far as reasonably practicable, that the electrical installation, fixtures, fittings, accessories and equipment are in a satisfactory condition for continued service, and identify any damage, deterioration, defects or dangerous conditions that may exist which could affect the ongoing safety of the electrical installation, fixtures, fittings, accessories or equipment. Appropriate remedial work may need to be carried out to ensure that they are maintained in a satisfactory condition for continued service, a reasonable state of repair, and in proper working order.

D.58 Tenants cannot be required to pay for or contribute towards the cost of an electrical safety inspection, unless ordered to do so by the First-tier Tribunal for Scotland.

D.59 If a landlord cannot carry out an inspection because they do not have right of access to all or part of the property, or lack any other necessary right, they are not in breach of their duties in relation to the Repairing Standard, provided that they have taken reasonable steps to acquire that right. Electrical Installation Condition Report

D.60 An EICR, as given in the model forms provided within Appendix 6 of BS 7671, when completed accurately by a skilled person competent in such work, should meet the requirement for a record of PI & T which is part of the electrical safety inspection of an installation.

D.61 The EICR must be completed by a skilled person suitably competent in such work. This means a skilled person (electrically) which is defined in BS7671 as:

Skilled person (electrically). Person who possesses, as appropriate to the nature of the electrical work to be undertaken, adequate education, training and practical skills, and who is able to perceive risks and avoid hazards which electricity can create.

The term (‘electrically)’ is assumed to be present where the term 'skilled person' is used throughout BS 7671.

Regulation 16 of the Electricity at Work Regulations 1989 requires persons to be competent to prevent danger and injury.

This means that a skilled person must be:

• Employed by a company that is a member of an accredited registration scheme operated by a recognised body,
• A sole trader or self-employed individual who is a member of an accredited registration scheme operated by a recognised body, or
• An individual who is able to satisfactorily complete the checklist provided on the following page of this guidance.

D.62 In this part of the guidance (annex D3), accredited registration scheme operated by a recognised body means those operated by the SELECT (Electrical Contractors' Association of Scotland), NICEIC, or NAPIT (the National Association of Professional Inspectors and Testers). Landlords can take membership of these organisations as evidence that the company or individual has been assessed to the same level as required in the statutory guidance checklist and has the necessary capability to carry out such work. Alternatively, a skilled person (other than a member of NICEIC, SELECT or NAPIT) should be able to confirm all of the points listed in the checklist form provided on the following page. SELECT, NICEIC and NAPIT registered electricians can be found by searching Find an Electrician: Registered Electricians | Electrical Safety First.

Scottish Government statutory guidance on electrical installations and appliances in private rented property

Evidence of competence to carry out PI & T and provide an Electrical Installation Condition Report for the purposes of assessing the safety of electrical installations, fittings and fixtures in private rented property.

*The skilled person should tick each item in this list to confirm that it applies.

I certify that I can provide the above listed evidence of competence.

Name

Firm/Trading Name

Signed

Date

D.63 The EICR must cover –

• The electrical installations for the supply of electricity,
• Electrical fittings and accessories, including –
  • The consumer unit(s)
  • Light fittings
  • Light switches
  • Socket-outlets
  • Any visible wiring e.g. surface wiring installed in PVC mini trunking, and
  • Any electrical equipment which may have been installed in an accessible loft space with supplies to renewable energy sources,
• Visual inspection of fixed electrical equipment, including –
  • Fixed electrical heating equipment e.g. storage heaters or convector panel heaters,
  • Electric showers and over/under-sink water heaters,
  • Boilers and other heat producing equipment, and
  • Hard-wired smoke, heat and carbon monoxide detectors

D.64 The skilled person carrying out the inspection must complete the EICR accurately and legibly clearly setting out –

• The date of the inspection
• The full address of the house inspected
• The name and address of the landlord or their agent
• The name and address of the person carrying out the inspection
• Evidence that person completing the inspection report is a suitably skilled person competent in such work (see Annex A)
• A description of each installation, fixture and fitting inspected, and its location in the house, and
• Any defect(s) identified

D.65 Note that the EICR includes details of the location of the consumer unit and main switch, but not that of other switches or socket-outlets, light fittings etc which are likely to be present in every room, but this is sufficient detail to meet the requirement of the legislation.

D.66 Any electrical installation, fixtures, fittings or equipment which fails to pass electrical safety inspection must be replaced or repaired to comply with the Repairing Standard.

D.67 Any element of the electrical installations, fixtures, fittings or equipment recorded in Section K of the EICR as being an observation with Classification Code C1 (Danger present) or C2 (potentially dangerous) must be rectified to comply with the Repairing Standard.

D.68 Classification Code C1 means that anyone using the installation is at risk and remedial work should be carried out by an electrically skilled person immediately. If it is practical to do so, the competent person should make the installation safe on discovery of the dangerous condition. Where this is not practical the owner or user should be given written notification as a matter of urgency.

D.69 Where an item is given a Classification Code C2 this is a potentially dangerous situation and urgent remedial action is required.

D.70 Where an item is given a Classification Code C3, this is a recommended improvement. An observed inadequacy in this category is not considered to be a source of immediate or potential danger. Whilst remedial action is not necessarily required to meet with the Repairing Standard, such improvements would contribute to an enhancement of the safety of the electrical installation. Therefore, landlords should consider addressing these items where possible.

D.71 Any element of the electrical installation given a Classification Code FI (Further Investigation required without delay) in an EICR should be investigated as soon as practically possible as such investigation may reveal a dangerous or potentially dangerous condition. For more information about electrical installation testing and the classification codes, refer to the latest version of Electrical Safety First’s Best Practice Guide No 4 ‘Electrical installation condition reporting: Classification Codes for domestic and similar electrical installations’.

D.72 An EICR will recommend any remedial action required in order to ensure that the electrical installation is in a satisfactory condition for continued service, but any work which is undertaken must be recorded separately. This can be done by recording the work completed on a Minor Electrical Installation Works Certificate and providing a copy of that to the person ordering the work. This is recommended for all actions to remedy a defect. If remedial work includes replacement of a consumer unit (known by some as a fuse box) an Electrical Installation Certificate (EIC) shall be provided.

D.73 In some cases a landlord may have an EIC rather than an EICR. For example, new build properties shall be provided with an EIC, and also be provided when a house is fully rewired. A landlord who has an EIC for a property can provide this as an alternative to an EICR to comply with this guidance, provided that the date of next inspection indicated on the EIC has not lapsed, and the EIC was issued no more than five years ago.

In-Service Inspection and Testing of Electrical Equipment (also known as PAT testing)

D.74 PI & T and an EICR is only applicable to the electrical installation but can also be used for inspection of fixed electrical equipment. For the purposes of in-service inspection and testing of electrical equipment (commonly referred to as PAT testing) records including an Equipment Register and an Equipment Formal Visual and Combined Inspection and Test Record should be used to record the items of equipment within the house and the outcome of the formal inspections and tests carried out.

D.75 Electrical equipment (Mobile equipment) includes:

• Electrical white goods (such as refrigerators and washing machines),
• Electrical brown goods (such as televisions and DVD players),
• Electric fires that are not fixed in place,
• Electrical equipment, such as toasters and kettles,
• Handheld electrical equipment, such as hairdryers, and
• Any other electrical equipment/appliances provided by the landlord that are not permanently connected to the electrical installation.

D.76 Mobile equipment generally has a flexible cable and is supplied by a BS 1363 plug. There is often uncertainty about whether certain items of electrical equipment should fall within the remit of inspection and testing of the fixed wiring or that of the In-Service Inspection and Testing of Electrical Equipment. For the avoidance of doubt, all equipment, including fixed equipment provided by the landlord, should be inspected and, if required, tested. If any fixtures are not specifically included in the remit of the EICR they should be inspected and tested separately in the In-Service Inspection and Testing of Electrical Equipment.

D.77 Any electrical equipment which fails to pass a In-Service Inspection and Testing of Electrical Equipment must be replaced or repaired immediately to comply with the Repairing Standard.

D.78 The in-service inspection and testing of electrical equipment must be completed by a suitably competent person. For the purpose of In-Service Inspection and Testing of Electrical Equipment this means either:

• A skilled person (electrically) as set out in paragraph D.61 above, or
• A person (including the landlord) who has completed appropriate training for In-Service Inspection and Testing of Electrical Equipment.

D.79 A landlord, or other person, is considered competent to carry out In-Service Inspection and Testing of Electrical Equipment if they have successfully completed an appropriate assessed training qualification. Organisations offering In-Service Inspection and Testing of Electrical Equipment courses include -

• The Scottish Association of Landlords provide training through their sister organisation, Landlord Accreditation Scotland. The course is run by Quick Test (PAT Testing Training - Courses run by Quick Test).
• SELECT (The Electrical Contractors' Association of Scotland) SELECT training
• NICEIC (NICEIC - Practical training courses to enhance your industry knowledge
• EAL (EAL Awards) offer the following course: EAL Level 3 Award in the In Service Inspection and Testing Of Electrical Equipment (PAT) (QCF).

D.80 The Institution of Engineering and Technology (IET) publishes a Code of Practice for In-service Inspection and Testing of Electrical Equipment. This publication provides useful guidance on all aspects of In-service Inspection and Testing of Electrical Equipment including the classification of equipment types; inspection and testing procedures; training requirements for those overseeing and/or carrying out the inspection and testing and record keeping. The Code also contains the following model forms for In-service Inspection and Testing in Appendix 4 of that publication:

• Table A4.1 - Equipment register – where all portable appliances in a property are listed
• Table A4.1 - Example equipment formal visual and combined inspection and test record
• Table A4.2 - Example test instrument accuracy record

Copies of the forms should be attached to the EICR.

Figure 12.1 provides example pass and fail equipment labels.

D.81 Electrical equipment that was purchased new less than one year before the date of the test does not require to be included in the In-Service Inspection and Testing of Electrical Equipment. Equipment that was purchased second hand should however be included. If there is any doubt about the condition or age of an appliance or the date of purchase it should be included in the test. If equipment is new it should be included in the equipment register and the date that its first test is due should be clearly recorded.

D.82 The duty to carry out electrical safety inspections does not apply to appliances that belong to tenants, only to appliances provided by the landlord.

D.83 The date for retesting appliances is usually set during the In-Service Inspection and Testing of Electrical Equipment and will usually be more frequent than five years. If the skilled person recommends more frequent checks then the landlord should take account of this and follow the advice provided on frequency of inspection and test. If the In-Service Inspection and Testing of Electrical Equipment is not carried out by the skilled person undertaking the EICR, the skilled person should confirm that the equipment report is complete and up to date. The skilled person does not have to re‑perform the testing if the re-test date has not passed/expired, there is a record of the equipment having been inspected and tested and labelled to confirmed satisfactory for continued use. If there is any equipment that requires to be inspected and tested this can be done at the time of the PI & T. It is not necessary to retest appliances that have an up-to-date test.

D.84 The landlord must receive and keep a copy of the EICR for six years. A copy of the most recent EICR must be given to any person who is to become a tenant before a tenancy starts. If an inspection is carried out during a tenancy a copy relating to that inspection must be given to the tenant.

Electrical Safety: Periodic Tests and inspections

D.85 Landlords should ensure that electrical safety inspection are carried out:

• Before a tenancy starts, and
• During the tenancy, at intervals of no more than 5 years from the date of the previous inspection.

D.86 The minimum standard to comply with the legislation is that an inspection must be carried out at least every 5 years, but this does not preclude more frequent testing where appropriate.

D.87 If a tenancy lasts more than a year, it is good practice to carry out annual visual inspections to detect any obvious damage, deterioration, wear and tear, signs of overheating, loose fixings, or missing parts that may lead to danger. Landlords’ visual checks should include checks on:

• Consumer units for signs of damage;
• Light switches and socket-outlets for any signs of damage or overloading;
• Any visible fixed wiring cabling to make sure that this is safe and not damaged; and
• Electrical equipment/appliances for signs of damage and deterioration and to confirm that plugs and flexible cables are secure.

D.88 Additionally, landlords should advise tenants to test that the following devices operate when their integral test button is pressed at time intervals as specified:

• Residual Current Devices (six monthly check)
• Smoke or heat detectors (weekly check)
• Carbon monoxide detectors (monthly check)

D.89 Electrical Safety First provides a Landlord’s Interim Checklist which can be used to record a visual inspection. This is available free online at Landlords interim checklist - Electrical Safety First.