A welcome new emphasis on Electrical Installation Condition Reporting for greater safer standards across the industry

Alex Mclean Head of Compliance at Osborne Property Services welcomes the refreshed emphasis to bring social housing Electrical Installation Condition Reporting (EICR) testing in line with the laws around private sector EICR’s.

This is not unlike the fire regulations covering smoke detection and carbon monoxide alarms in domestic dwellings which integrates consistently between BS5839-6:2019+A1:2020, Approved Documents B & J of the building regulations as well as the Homes Act and HHSRS where the private and social housing rental properties are to be adhered to in the same way.

Alex added, most social housing landlords that I have either worked for or worked on behalf of over my career have stuck to the 5-yearly EICR programme. I am confident that if this is made law for the social housing industry it will not only be welcomed but will not cause most landlords an issue as they have been complying to this for many years anyway. It will inevitably provide social housing landlords with greater power and support through the legal system to access all their properties to carry out EICR testing before it expires rather than after inspections become due!

The electrical and social housing industry has been plagued over the years with what can be described as powerless governance over how electrical testing can be enforced across the housing stock that a social housing landlord either owns and/or manages on behalf of other organisation(s).

Within the electrical industry, we work to the recommendations and requirements as outlined in BS7671:2018 and soon to be BS7671:2018+A2:2022 as well as associated guidance notes and best practice. By working to these documents, we can demonstrate that our design, installation/repair work and inspection and testing complies with the Electricity at Work Regulations 1989. However, by working in accordance with BS7671, guidance notes and best practice documents, we are working to a non-statutory document, and whilst it is recognised by the EAWR1989 it does not supersede these requirements for us to enforce in a court of law. What the non-statutory regulations allows us to do is demonstrate compliance with this to justify the decisions around design, installation, inspection, testing etc.

Despite the Electricity at Work Regulations 1989 placing a legal responsibility on employers and employees, as duty holders, to ensure that electrical systems used at work under their control are safe, this has still proven to be somewhat difficult for landlords to get the support through our legal system to ensure that electrical testing is carried out as a mandatory requirement. Whilst this regulation could be deemed quite broad in its nature and perhaps most specifically to working activities, how can we define if these requirements also include social housing landlord’s? after all it could be deemed that this is their work / equipment (within their properties) that must be maintained in accordance with these legal requirements.

The legal requirements within the EAWR1989 state:

“To achieve compliance with the legal requirements of the Electricity at Work Regulations 1989 requires proof that an electrical system is safe, which involves amongst other things, proper inspection and testing of a system by competent people and the creation and maintenance of records.”

So why has it been so difficult for landlords to gain the support from the legal system in the UK? There are so many other regulations to contend with within the social housing sector that can compromise the argument that we must maintain electrical systems and equipment to comply fully with the EAWR1989.

Regulation 4 (1) 63 states:

“In assessing the suitability of the construction of electrical systems, consideration should be given to all likely or reasonably foreseeable conditions of actual application or use of the electrical equipment in the system. This will include the testing, commissioning, operation, and maintenance of the equipment throughout the life of the system.”

Regulation 4 (2):

“68 Inspection and, where necessary, testing of equipment is an essential part of any preventive maintenance programme. Practical experience of use may indicate an adjustment to the frequency at which preventive maintenance needs to be carried out. This is a matter for the judgement of the duty holder, who should seek all the information they need to make this judgement including reference to the equipment manufacturer’s guidance.”

The above regulation alone should provide social housing landlords the support they need in to order to enforce EICR testing to their properties, providing they can evidence that their essential preventative maintenance programme complies with BS7671 and Guidance Note 3, this will also indicate that the requirements of regulation 4(2) of the EAWR1989 have been fulfilled. Guidance note 3 recommends that EICR testing to domestic properties should be carried out up to10 years or change of occupancy (whichever comes first), and this has been the concern within the industry for some time as some landlords, whether that be social housing or private have taken this as applying to them, however Guidance note 3 clearly states that domestic accommodation – rented houses and flats should be inspected and tested every 5 years or change of occupancy (whichever comes first) and this is taking in to account the following reasons:

• ´´Particular attention must be taken to comply with the Electrical Safety, Quality and Continuity Regulations (as amended) ´´
• ´´Electricity at Works Regulations 1989, Regulation 4 and Memorandum of guidance (HSR25) published by the HSE. ´´
• ´´ The person carrying out the subsequent inspection may recommend that the interval between future inspections be increased or decreased as a result of the findings of their inspection. ´´
• ´´The Landlord & Tenant Act 1985 requires that properties under the Act have their services maintained. Periodic inspection and testing (EICR) is the IET´s recognised method of demonstrating this. ´´

From the information above, the EAWR1989 are required by law, however, as it does not specifically state the exact duration between inspection and testing of electrical systems and/or equipment it is difficult to argue the case in law. The duration of intervals between inspection and testing recommendations come into greater detail through non-statutory literature and guidance which makes it difficult to present legally when trying to gain access to a property.

Alex added that he has personally campaigned over the years, during various consultation meetings and public speaking seminars for landlords to start considering 5 yearly EICR testing and the vast majority he has spoken to have understood the requirements, recommendations, and liabilities on them based on the decisions they make.

For this to be made law, such that it enables landlords the power to gain injunctions in court for such matters will mean a much safer standard is being adopted across the industry and in particular the social housing industry. Electrical safety should be treated in the same manner as Gas safety and that is of paramount importance. Landlords should absolutely have the power to work with the courts to gain access and fully fulfil its legal obligations under the EAWR. It is refreshing and welcoming to see that this commonly discussed subject within the industry is now being looked at with real purpose.

For more information contact Head of Compliance Alex McLean, [email protected] or visit the Osborne Resource Centre.