The Draft Electrical Safety
Standards in the Private Rented Sector (England) Regulations 2020 (Electrical
Safety Regulations) was laid before Parliament on 13 January 2020, under the
power granted to the Secretary of State under Sections 122 and 123 of the
Housing & Planning Act 2016. If the
Electrical Safety Regulations are passed then they will relate to England only
and will apply to new tenancies with effect from 1 July 2020 and
existing tenancies with effect from 1 April 2021.
The Electrical Safety Regulations
will require private landlords to ensure that Electrical Safety Standards in
the 2018 Edition of the IET Wiring Regulations (BS7671:2018) are met whenever a
property is let to a tenant. There will
be a further duty on landlords to ensure that a qualified person inspects every
fixed electrical installation at least every 5 years and issues a report. The landlord will be required to supply a
copy of the report to each existing tenant within 28 days of inspection. If remedial work is required, the landlord
must carry it out within 28 days or sooner, if specified in the report.
The Electrical Safety Regulations
as drafted will apply to any tenancy of residential premises that grants one or
more persons the right to occupy all or part of the premises as their only or
main residence and which provides for payment of rent. Some tenancies will be excluded, including
tenancies granted by social or resident landlords, long leases or tenancies
granting a right of occupation for a term of 7 years or more, student lettings
and Halls of Residence and any tenancies granted to occupiers of hostels,
refugees, care homes, hospitals or hospices.
The power to enforce the
Electrical Safety Regulations will sit with local authorities. It is expected that they will have different
regimes applying to urgent and non-urgent remedial work. The local authorities will also be given the
power to impose civil penalties on private landlords for breach of their
obligations, up to a maximum fine of £30,000.