Rent Smart Wales audit: Electrical safety and navigating the requirements
Rent Smart Wales is undertaking a compliance audit and has identified some electrical safety pitfalls that can be easy to overlook.
The Renting Homes (Wales) Act (RHW) requires landlords in Wales to undertake electrical safety testing to ensure properties are safe to rent, and while most landlords will be meticulous about ensuring checks are carried out, Rent Smart Wales’s compliance audit has exposed some failings that can be easy to overlook.
These are outlined here alongside some tips to help you navigate the requirements.
Differentiating between electrical certificates
The audit has highlighted the importance of distinguishing between an Electrical Installation Condition Report (EICR), Electrical Installation Certificate (EIC) and Minor Electrical Works Certificate (or Minor Works Certificate).
An EICR assesses all existing electrical installations and – unless the property is a new build – it is this report that is required to evidence compliance with RHW obligations.
If the property is a new build, the EIC can be used to demonstrate it meets required standards, but a Minor Works Certificate is never acceptable and, as the name suggests, should only be used for smaller electrical jobs.
Rent Smart Wales has found that some landlords and agents are mistakenly relying on EICs and Minor Works Certificates when a full EICR is needed. This can result in a breach of Fitness For Human Habitation (FFHH) standards and permits contract holders to withhold rent until a court determines whether the property is Fit For Human Habitation.
Finding a qualified assessor
An EICR must be completed by a suitably qualified electrician. While this might seem obvious, Rent Smart Wales has found evidence that some assessments have been conducted by individuals without the necessary qualifications. Do your due diligence and check the Registered Competent Person website to make sure your electrician is listed. If they are not, ask them for proof of competence and insurance.
Reviewing the report
Once the report has been completed, make sure you review it, as an unsatisfactory report needs immediate attention.
Rent Smart Wales has highlighted examples of unsatisfactory reports being overlooked and hazards not being dealt with. Making yourself familiar with the classification codes (C1 – danger present; C2 – potential danger; C3 – improvement recommended; F1 – further investigation required) can be helpful to make sure remedial work is not missed. An unsatisfactory report can constitute both a breach of the RHW obligations and a hazard under the Housing Health and Safety Rating System (HHSRS) for which a local authority can take enforcement action.
Other errors, such as the assessor failing to sign or date the report, have also been found, so whilst it can be easy to provide a copy to the contract holder and file it away, take a moment to check it has been correctly completed.
Typically, reports are valid for five years, but there may be occasions where an electrician has certified an installation for another period, for instance two years. Make sure you double check the time period to avoid being caught out by this, as missing an assessment would deem a property to be unfit for human habitation.
Undertaking remedial works
Where a report indicates that remedial work is needed, the work must be undertaken swiftly, and written confirmation must be obtained upon completion. This, along with any investigatory work, must be provided to the contract holder within fourteen days of completion.
Informing contract holders
Once the report has been carried out, a copy must be provided to the contract holder within fourteen days of their occupation date, or the date of inspection if it occurs after the occupation date. The same timeframe applies for written confirmation of completion of any necessary remedial works.
Evidencing compliance
Rent Smart Wales’s audit has also found that some agents and landlords are using the EICR to demonstrate adherence with FFHH requirements in relation to smoke and carbon monoxide alarms. However, this is inadequate as placement of alarms is not part of the EICR inspection. Best practice is to ensure you have clear evidence of the placement and type of alarms and that this is documented, for instance in an inventory, to record and demonstrate compliance.
Five steps to compliance
To ensure you meet electrical safety obligations, the following checks are key:
1) Is it the correct document?
Make sure that the report is a full EICR (unless it is a new build).
2) Is the assessor qualified?
Confirm that the electrician is suitably qualified to undertake the assessment.
3) Is the report valid?
Review the report to ensure it has been signed, dated, and confirms that the electrical installations are safe.
4) Are there any remedial measures?
If the report is unsatisfactory, make sure the required remedial works are undertaken and obtain written confirmation that the works have been completed.
5) Have you informed the contract holders?
Provide the EICR and proof of any remedial work to the contract holder(s) within 14 days of their occupation date, or the date of the inspection if it takes place after the occupation date.
Stay informed
For more detailed information on compliance, visit our Wales hub: https://www.nrla.org.uk/wales/renting-homes-wales-act.
- Staying informed and being proactive is key to ensuring your property is safe and legally compliant.
- Need to arrange an EICR? You can easily do so when you use Safe2, part of the NRLA family. Easily track and renew property safety certificates on the Safe2 platform, we will arrange for a qualified electrician to visit the property and carry out the necessary checks. Find out more here.
