Landlord Legal Requirements – Electrical Safety Certificate
Many landlords in England make their properties “comply or pay the penalty”, meaning that they must make their properties safe under the Electrical Equipment (Safety) Regulations 1998. They will usually produce a “legal compliance certificate”. If you are a landlord, you have probably wondered if you have Landlord legal requirements when it comes to obtaining an electrical safety certificate.
However, there are two types of landlord electricians: local authority and registered. A local authority electrician is deemed to have a sufficient understanding of electrical installation regulations to provide certification for your property. In contrast, a registered electrician has been issued with new regulation-specific training recognised as valid by government bodies in England .
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Is an Electrical Safety Certificate a Legal Requirement in the UK?
In the UK, specifically in England, landlords are legally required to ensure that their rental properties meet specific electrical safety standards, including obtaining an Electrical Installation Condition Report (EICR), commonly referred to as an Electrical Safety Certificate. The Electrical Safety Standards in the Private Rented Sector (England) Regulations 2020 set out the legal requirements for electrical safety in privately rented properties.
Landlords are required to ensure that an EICR is carried out by a qualified and registered electrician at least every five years or more frequently if recommended by the previous inspection report. The EICR verifies the safety and condition of the electrical installations, wiring, systems, and appliances in the rental property. The EICR must be conducted by a qualified and competent electrician who is registered with an approved scheme, such as the National Inspection Council for Electrical Installation Contracting (NICEIC), Electrical Contractors’ Association (ECA), or other recognised professional bodies. Landlords should ensure that electricians have the necessary expertise, qualifications, and certifications to perform electrical safety inspections and issue EICRs.
The EICR assesses compliance with electrical safety standards, regulations, and requirements for residential properties. This includes inspecting electrical installations, wiring systems, consumer units (fuse boxes), sockets, switches, light fittings, appliances, and other electrical components for safety, functionality, and compliance with current regulations. Following the EICR inspection, landlords receive a detailed report outlining the findings, observations, recommendations, and any remedial works required to address identified defects, faults, or non-compliance issues. Landlords are obligated to address and rectify any remedial actions, deficiencies, or safety concerns identified in the EICR report within specified timelines or as advised by electricians.
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What are your Landlord Legal Requirements?
The Legal Compliance Certificate (LCC) only applies to registered landlords. A rental client can take an LCC from their landlord’s electrician, who may not be registered. However, all landlords must ensure that their property is safe and comply with the 1998 regulations. An LCC is not proof that an installation has been safe or complies with the 1998 regulations (the electrical safety requirements).
An LCC only provides legal cover for landlords registered with the government. This is for landlords who have been issued a 14th Edition Certificate of Registration, issued on or after 1 June 2015. Therefore, anyone renting a property that was let before 1 June 2015 must be sure that the electrical installation is safe themselves before using an LCC to seek insurance compensation if there is an accident in their rented property.
Landlords who are not registered with the government do not specialise in providing these certificates. A landlord with a non-registered landlord electrician can still provide the certificate to the renter. However, an LCC is not proof that an installation has been safe or complies with the 1998 regulations.
How Do You Get A n Electrical Safety Certificate
The LCC was designed to quickly inspect and test a compliant electrical system by a local council officer. It is only allowed when issued by a licensed housing provider or the council. Local councils will only issue an LCC where they have been notified of the installation, and then they may also inspect if they are asked to do so by the housing provider, who in turn may notify the landlord. Licensed housing providers and local councils can operate a more effective market for residential property inspections and sometimes work together.
What Can be Done to Reduce Risk?
The safe installation of electrical equipment should be a priority and should form part of the building survey carried out by the Building Surveyor. In addition to ensuring that the electrical system is safe, landlords must ensure that they comply with legal requirements set by the government. These are:
It is compulsory for landlords using the electrical wiring in their properties to have an NEC approved panel (electrical protection) installed on all circuits installed in a dwelling or accommodation.
The 1998 regulations state that all circuits supplying sockets, plugs, and other energy sources must be protected by a residual current device (RCD).
A landlord with a non-registered landlord electrician can still provide the certificate to the renter. However, an LCC is not proof that an installation has been safe or complies with the 1998 regulations.
A rental client should check their electrical equipment is safe. If in doubt, have an electrician check your electrical equipment. A landlord can insist that a tenant uses an electrician registered to the government to ensure safe electrical installation.
A local council or registered landlord can inspect electrical installations. Local councils will only issue an LCC where they have been notified of the installation, and then they may also inspect if they are asked to do so by the housing provider, who in turn may notify the landlord. Licensed housing providers and local councils can operate a more effective market for residential property inspections and sometimes work together.
In an accident, the law provides that insurance companies must pay compensation to victims of accidents provided the accident is neither deliberate nor caused by the victim. If a landlord’s electrical equipment has caused an electrical accident, this would be covered under Section 38 of The Electricity at Work Regulations 1989. These regulations have been in force since 1991 and are enforced by the Health and Safety Executive.
The landlord should take out public liability insurance for the duration of the tenancy to cover any electrical accidents. The landlord’s insurance company will provide advice on how to meet Section 38 of The Electricity at Work Regulations 1989.
Landlord Legal Requirements – To Conclude
If a tenant is injured or property damaged, they should contact their local council, who will send an inspector to report it to the Health and Safety Executive.
Other useful links about Business Insurance:
Multi-Property Landlord Insurance
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Commercial Landlord Insurance
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