Mandatory electrical check requirements from December 2015

29 Nov Mandatory electrical check requirements from December 2015

The Scottish Government has finalised its guidance on mandatory electrical testing. 

Although the term used by the government is “guidance” this is a statutory regulation which will come into force from 1st December 2015. All Scottish privately rented property covered by the Repairing Standard will require to comply as below, regardless of tenancy type.

Under the new requirement landlords will have to have fixed wiring (Electrical Installation Condition Report or EICR) checks carried out at least every five years. This will apply from the following dates: –

• 1st December 2015 – for any new tenancies entered into on or after this date (this includes current tenants signing a new lease)
• 1st December 2016 – for existing tenancies

The EICR report must include an appliance check report (a Portable Appliance Test or PAT). PAT checks are required on appliances provided by the landlord, but not those belonging to the tenant.

Anything that is not permanently connected to the electrical installation should be on PAT report. Everything in the property which uses the electrical supply must be on either EICR or PAT, unless it belongs to tenant.

It is advisable to have the checks carried out more frequently than five yearly if recommended by an electrician.

It is a requirement that landlords ensure that the electricians they use are competent. Electricians should be a member of SELECT or NICEIC or be able to complete the checklist in Annex A of the guidance.

EICRs and PATs carried out from 1st December 2015 must be documented on the forms specified on pages 12 and 14 of the guidance in order to be acceptable under the regulations. In addition, all appliances checked must have test labels placed on them.

Enforcement of the electrical testing requirements are the responsibility of the Private Rented Housing Panel (PRHP). The PRHP can issue a “Repairing Standard Enforcement Order” and ultimately a rent penalty for non-compliance, which is a criminal offence.