If you read Best Practice Guide No 6, it does say that any non compliance that would warrant a code 2 on a pir should be rectified, but if not practical or the customer refuses then after a satisfactory risk assessment the work can be undertaken with the non compliance noted in comments on the existing installation box and also a strong written recommendation made to the customer.
The Electrical Safety Council’s Best Practice Guide No 6 (Consumer unit replacement in domestic premises) sets out a procedure to help avoid such foreseeable circumstances.
And you lot ain't gonna like this, but below is the ESC procedure.
7.2. Planned change
7.2.1. The initial approach of the contractor planning the
replacement of a consumer unit should be to
encourage the customer to have a periodic
inspection and test of the installation carried out in
advance of the consumer unit being replaced.
7.2.2. If the customer refuses, a pre-work survey should be
carried out to ascertain if there are any immediate
or potential dangers, or any condition that would
cause unwanted tripping of an RCD, in the existing
installation affected by the change. As a minimum,
the survey should, include:
• making enquires with the user as to whether
there are any known defects, faults or damage,
• an internal visual inspection of the existing
consumer unit to determine, amongst other
things, the type and condition of the wiring
system used for the installation,
• an external visual inspection of other readily
accessible parts of the installation,
• a measurement of the external earth fault loop
impedance, Ze,
• a test of circuit protective conductor continuity
at the end of each final circuit, and
• an insulation resistance measurement of the
whole installation at the consumer unit, between
the live conductors connected together and the
protective conductor connected to the earthing
arrangement.
7.2.3. If any immediate danger, potential danger or
condition that would cause unwanted tripping of an
RCD is found, the customer should be informed that
remedial work is necessary to improve safety.
7.2.4. Depending on the extent, the remedial work could
involve considerable additional cost, not only in
installing new cables or accessories, but also in the
renewal of decorations, unless the customer is
willing to accept surface wiring.
7.2.5. If the customer is unable, or not prepared, to accept
either the cost or the disruption of the remedial
works, but still requires a new consumer unit to be
installed, the installer needs to carry out a risk
assessment as described in Section 8 before
agreeing to replace only the consumer unit.
7.2.6. Where cables are lead or rubber sheathed then
deterioration of the cables is likely to necessitate
rewiring when the consumer unit is replaced.