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Regulations and Legislation

Detailed below is the primary legislation that affects the gas and electrical safety of domestic owned and rented property, as well as other relevant regulations such as Energy Performance ratings. This will be continually updated as appropriate.

Most of the regulations quoted are statutory instruments under the Health and Safety at Work Act 1974 or The Consumer Protection Act The Housing Act 2004

Electrical

17th Edition

The 17th Edition of the IEE Wiring Regulations (BS 7671:2008) came into force in January 2008, and there is a six month grace period till 1st July for electricians to update their qualifications from the 16th. For those without the 16th, a four day course is required.

From then on all commercial, domestic and industrial wiring installations must be designed, constructed, inspected, tested and certificated to meet the requirements of BS 7671: 2008.

By 2010 all electricians will have to meet the minimum standards of 17th edition 2382, a test and inspection package 2391 or 2392, and knowledge of Building Regulations.

Building Regulations Part P – Electrical Safety

On 1 January 2005, an amendment to the Building Regulations came into force in England and Wales which introduced Part P covering electrical which states that:

“Fixed electrical installations in dwellings shall be suitably designed, installed, inspected and tested so as to provide reasonable protection against their being a source of a fire or a cause of injury to persons.”

This requirement applies only to fixed electrical installations in dwellings in England and Wales intended to operate at low voltage or extra-low voltage.

The regulations are administered by the Department of Communities and Local Government (DCLG) under which all proposed electrical installation work in dwellings has to be notified to a building control body before work commences, except where:

• the proposed work is undertaken by a contractor authorised to self-certify compliance on completion of the work (known formally as a Prescribed Competent Person, which can be an individual or firm of contractors)
• the proposed work is minor, and it is not in a kitchen or in an area classified as a special location or a special installation as defined in the Approved Document P

Qualified Supervisors are individuals who have demonstrated competence through their qualifications, knowledge and experience of the building regulations and supervising/undertaking electrical installations to BS 7671. The Prescribed Competent Person must be registered with a DCLG approved Scheme provider, such as NICEIC.

The Electrical Equipment (Safety) Regulations 1994

The Electrical Equipment (Safety) Regulations 1994 are intended to provide a high level of protection for consumers throughout the EEA and apply to most consumer, commercial and industrial electrical equipment designed for use within the voltage ranges 50 V ac to 1,000 V ac and 75 V dc to 1,500 V dc.

The legislation enforced by the local authority trading standards departments is primarily in respect of electrical equipment intended for the consumer, and by the Health and Safety Executive in respect of equipment intended for the workplace.

The Regulations cover all mains voltage household electric goods including cookers, kettles, toasters, electric blankets, washing machines, immersion heaters, etc. and cover second-hand products as well as new products.

Landlords and letting agents are required to check that all electrical appliances in all managed properties as soon as practicable for defects (e.g. frayed wiring, badly fitted plugs, etc.) and remove any unsafe items. Records of the checks carried out for all the above appliances in each property need to be maintained

It is also recommended that appliances are checked by a qualified electrical engineer. Instruction booklets should be made available at the property for all appliances and any necessary safety warnings given to tenants. If used appliances are installed, it is necessary to have them checked by a qualified engineer. Although no specific periods are laid down for testing, in order to ensure compliance with the regulations, ongoing checks should be scheduled.

The Plugs and Sockets (Safety) Regulations 1994

The Plugs and Sockets (Safety) Regulations, Parts I & III came into force in August 1994, and Part II in February 1995. The legislation applies to electrical plugs, sockets and adaptors ordinarily intended for domestic use at a voltage of not less than 200 volts and to fuse links suitable for use with such plugs and adaptors. The regulations also require that most domestic electrical products must be supplied correctly fitted with a fused and approved UK three-pin plug (BS 1363) or approved "conversion plug", i.e. a device which may be engaged with a socket conforming to BS 1363 and which is designed to enable a non-UK plug to be engaged with such a socket.

The Regulations impose the obligation on the supplier (e.g. a landlord or letting agent) of such goods to ensure that they are 'safe', so that there is no risk of death or personal injury to humans or pets, or risk of damage to property.

The Electricity at Work Regulations 1989

The Electricity at Work Regulations 1989 came into force on 1st April 1990. their purpose is to require precautions to be taken against the risk of death or personal injury from electricity, in work activities. Anyone utilising electricity in the workplace (shops, offices, factories,workshops, farms, garages, sports and entertainment centres, etc.) is affected.

The regulations apply to all electrical systems and equipment, in connection with work activities, whenever manufactured, purchased, installed or taken into use, even if its manufacture or installation pre-dates the regulations.

The responsibilities are with employers, the self-employed and employees to comply with the regulations. Where the provisions relate to matters which are within their control, each becomes a ‘duty holder’. The onus is on the duty holder to assess the work activities which utilise electricity, or which may be affected by it. Duty holders are required to have regard to all foreseeable risks (suitability, design, construction, siting, environmental effects, protection, precaution and installation) of electrical systems for specific tasks; not merely the prevention of electric shock.

The Electricity at Work Regulations 1989 also place a duty on the employer to maintain and conduct tests of all fixed and portable electrical equipment at reasonable intervals. Records of maintenance and electrical testing must be retained for inspection.

Gas

Gas Safety (Installation and Use) Regulations 1998

The current legislation controlling the installation and use of gas came into force on 31 October 1998 and places duties mainly on installers, landlords and some gas suppliers. The Regulations aim to prevent injury to consumers and the public from either carbon monoxide (CO) poisoning or fire and explosion

In particular the Regulations require:

• Individual gas installers or gas installation businesses to be a member of a class of persons approved by HSE. Currently, the only body with such approval is the Council for Registered Gas Installers – CORGI.
• Anyone carrying out work on gas appliances or fittings as part of their business must be competent and registered with CORGI and carry an ID card to support this
• CORGI to monitor the competency of those businesses and their operatives to undertake gas work safely and to investigate complaints against registered installers.
• Landlords must arrange maintenance by a CORGI-registered installer for all pipework, appliances and flues, which they own and have provided for their tenants use.
• Landlords must also arrange for an annual gas safety check to be carried out every 12 months by a CORGI-registered installer.
• The landlord must keep a record of the safety check for 2 years and issue a copy to each existing tenant within 28 days of the check being completed and issue a copy to any new tenants before they move in. The Health & Safety Executive strongly advises that all gas consumers should have their gas appliances serviced regularly for safety by a CORGI registered installer.

 

The Energy Performance in Buildings Directive EPBD

Energy Performance Certificates

Since 14 December 2007 every home put on the market, no matter what size, must have a Home Information Pack (HIP). A key component of the HIP is the Energy Performance Certificate (EPC), which rates the home's energy efficiency and contains advice on how to cut CO2 emissions and fuel bills.

From 1 October 2008, landlords will also need to provide an EPC for any prospective tenant. (Although EPCs will not be required for existing tenancies).

EPCs will also be needed from October 2008 when homes are sold which don’t require a HIP (for example, a non-marketed private sale between individuals, a portfolio sale of homes, or a Right to Buy sale to a social housing tenant).

EPCs must be carried out by a qualified Domestic Energy Assessor with the Diploma in Domestic Energy Assessment (DipDEA). You can acquire this through an accredited DEA training centre, such as g-lec.

The Housing Health and Safety Rating System (HHSRS)

The Housing Health and Safety Rating System (HHSRS) is Part 1 of the Housing Act 2004 and is a new risk assessment tool for potential risks to the health and safety of occupants in residential properties in England and Wales. “The new legislation came into force in England and Wales in 2006.

The owner, landlord, or managing agent is responsible for making changes to the building. Landlords and managing agents are advised to self assess their property to determine whether there are hazards that may cause a health or safety risk to tenants. They should then carry out changes to their property to reduce this risk.

The landlord has to look after:
a) The exterior of the dwelling and structural elements of the dwelling, and
b) The inside facilities which are part of the dwelling including:

• Water, Gas and Electricity. All equipment necessary to supply these utilities must be fully, safely and correctly installed.
• Food safety including cooking facilities (or cooker points and space for cooking facilities), and electricity sockets for food storage facilities.
• Space and water heating installations covering any kind of fitted space heating appliance(s) or central heating system.

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