Regulations require landlords to have the electrical installations in their properties inspected and tested by a person who is qualified and competent, at an interval of at least every 5 years. The Regulations came into force on 1 June 2020 and form part of the Department’s wider work to improve safety in all residential premises and particularly in the private rented sector.

Business owners also require a valid EICR as they are legally responsible for the welfare of their staff, customers or tenants, and could face prosecution should there be harm caused due to unsafe electrical installations.

 If you are a homeowner, it is not a legal requirement to have an EICR. However, it is advised that an Electrical Installation Condition Report should be undertaken every ten years for a privately owned property. In addition, if you are looking to sell your property, your buyer’s solicitor may very well request the report in order for you to demonstrate regular maintenance of the property.

The Electrical Safety Standards in the Private Rented Sector (England) Regulations 2020 provides duties for landlords of certain rented domestic properties in relation to managing risks associated with the electrical installation. Without prejudice to the wording of the regulations these include: 

• Ensure national standards for electrical safety are met. These are set out in the 18th edition of the ‘Wiring Regulations’, which are published as British Standard 7671. 
• Ensure all electrical installations in their rented properties are inspected and tested by a qualified and competent person at least every 5 years. 
• Obtain a report from the person conducting the inspection and test which gives the results and sets a date for the next inspection and test. 
• Supply a copy of this report to the existing tenant within 28 days of the inspection and test. 
• Supply a copy of this report to a new tenant before they occupy the premises. 
• Supply a copy of this report to any prospective tenant within 28 days of receiving a request for the report. 
• Supply the local housing authority with a copy of this report within 7 days of receiving a written request for a copy. 
• Retain a copy of the report to give to the inspector and tester who will undertake the next inspection and test. 
• Where the report shows that further investigative or remedial work is necessary, complete this work within 28 days or any shorter period if specified as necessary in the report. 

From the 1st of July 2020, it was made a requirement for landlords to comply with these standards before a tenancy begins. This requirement on the 1st of April 2021, extended to encompass all existing tenancies.

BS7671 came into effect in 2019, so if a landlord already has a report that was carried out after this date and has complied with all the other requirements of the Regulations, they won’t have to have another inspection for 5 years, provided the report does not state that the next inspection should take place sooner.

The government guidance and The Institute of Engineering and Technology states that existing installations that have been installed in accordance with earlier editions of the Wiring Regulations may not comply with the 18th edition in every respect. This does not necessarily mean that they are unsafe for continued use or require upgrading.

The Regulations state that a landlord must ensure that electrical safety standards are met, and that investigative or remedial work is carried out if the report requires this. In practice, if the report does not require investigative or remedial work, the landlord will not be required to carry out any further work.

Further work will only be required where the inspection demands further remedial or investigative work. If the certificate only recommends improvements, this is considered best practice but not a requirement.

Electrical faults cause almost half of all household fires in the UK and as a result, failure to comply with regulations is taken very seriously. Local authorities can impose a financial penalty of up to £30,000 for a breach of the Regulations. Where there are multiple breaches, the local authority can impose multiple penalties

If a landlord breaches requirements, the local authority has a duty to act. Where urgent works are not required, the local authority must serve a ‘remedial notice’ on the landlord. This must be served within 21 days of the local authority deciding it has reasonable grounds to act. The landlord will have 28 days from the date of service of the notice to take the action outlined or must make written representations within 21 days if they disagree with the notice.

Once the landlord has made written representations, the remedial notice is suspended until the local authority responds – which must be within seven days. If the local authority confirms the notice, the suspension ceases, and the landlord has 21 days to comply with the requirements.

Access issues 

If the tenants of the property refuse access to the landlord for these remedial works, the landlord will not be considered to have breached this duty purely because they have not brought legal proceedings to access the property.

Local authority powers 

If the landlord does not undertake the remedial works, the local authority can access the property with the tenants’ permission to remedy the issue. The local authority must serve notice to the landlord informing them of this action – to which the landlord can appeal to the First-tier Tribunal. Local authorities can also recover costs reasonably incurred from the landlord.

Where urgent remedial works are required and the landlord has not undertaken these, the local authority can arrange for the works to be undertaken and then bill the landlord for these works. The local authority must inform the landlord within seven days of the works commencing.

Where non-urgent work has been identified they must serve the landlord a notice detailing the work required and giving them 28 days to perform the work. The landlord may make representations to this within 21 days of the notice being served. If representations are made, then the local authority must respond to these representations within 7 days. Until they respond the requirement to perform the work is suspended.

Lastly, if the local authority is satisfied the landlord is in breach and they have the tenant’s permission to do so, they may perform emergency remedial work on the property and bill the landlord for any costs incurred.

The EICR inspection is done to determine if there are any serious issues with a property’s electrical systems. The inspection includes a visual check of the electrical systems as well as the thorough testing of relevant parts, such as interior pieces (main system cables, electrical distribution boards, etc.) and exterior pieces (including light fittings, switches, sockets, etc.). Tests include Dead testing, Live testing, and RCD testing – note that these tests will require the power to be turned off for a short amount of time. Ultimately, the duration of the inspection for the ElCR Certification to be ready, may depend on the size and age of the property, the complexity of the property’s power systems, the number of circuits, and whether there are serious issues identified during the inspection.

Tests for the electrical certificate include a Visual Inspection, Dead Testing, Live Testing, and, if needed, RCD testing.

Visual Inspection for EICR Certification                                                 

 To begin, the qualified engineer will visually inspect the property and the electrical systems in question to identify any obvious issues. This will help highlight any issues caused by wear and tear, e.g., damaged cables or power switches. These are often the most obvious risks present in electrical installations.

Dead Testing for EICR Certification

The process of Dead Testing includes three parts: Insulation Resistance Testing, Continuity Testing, and Polarity Testing. These tests will determine whether there are any faulty electric connectors, check whether insulation where needed is present and functioning to prevent potential system shocks, and, ultimately, ensure that everything is properly connected.

Live Testing for EICR Certification 

Collectively, these tests ensure that, if there was a fault to occur, the electric system meets the right requirements to cause a disconnection of the supply within a time limit specified. This prevents potentially dangerous situations and further damage.  

RCD Testing for ElCR Certification

RCD Tests may then be done on more modern electrical systems’ RCDs (Residual-Current Devices), which are in place for fire prevention purposes.

Yes, there will be a short power outage whilst each circuit is tested.

The duration for the EICR inspection varies greatly depending on the size of the property, number of circuits, complexity of the installation and what potential issues are discovered during the inspection. However, a small apartment can take around an hour with large homes sometimes taking up to 3 or 4 hours. 

Yes. Simply having the inspection carried out is not enough if you plan to rent the property. If the engineer deems any part of the system to be unsafe or not fit for purpose, then they can mark the installation as ‘unsatisfactory’.

If the EICR identifies a fault or potential fault, which the landlord must either investigate further or repair, the landlord must ensure further investigations or repairs are completed by a qualified person within 28 days of the inspection, or within the timeframe set out in the report if this is shorter.

A landlord must ensure they receive written confirmation that either works have been carried out and electrical safety standards are met, or confirmation further work is required and provide this information to the existing tenant within 28 days of the work being undertaken, along with the original report identifying further work is required.

This process must be repeated until the electrical installation is found to be compliant.

Getting the results of the EICR can sometimes take a few days as the engineer will need to upload his findings in a digital format which will then be emailed to you. If your property meets the required standard, then your report will be marked as ‘satisfactory’. Should your EICR not meet current requirements, the report will be classed as “unsatisfactory” meaning that the required work needs to be done in order to bring the installation to the required level.

As well as returning an “unsatisfactory” result, the report will then detail which part of the electrical system failed the test and why. Work required is classified using the following codes:

• C1 – ‘danger is present’, risk of injury is likely and immediate action is required.
• C2 – Potentially dangerous and remedial action is needed urgently.
• C3 – Improvement to your electrical system is recommended. C3 is the only classification code that can appear on a report and still pass the EICR test.

If you receive a C1 fault on your electrical safety certificate, the assessor may shut-down the property, or, if viable, remedial work will be carried out immediately. If you receive a C2 code on your EICR, remedial work must be done to absolve the issue within 28 days as per UK law. Once the repairs are complete, the landlord must update tenants and local authorities in written form that the necessary repairs have been done on time. Once completed, the Landlord must provide written confirmation to both their tenant and local authority that the works have been carried out within the required 28 days.