EICR coding domestic

Hello, I'm new to this forum. I'm not quite sure about RCD protection for a domestic dwellings - No RCD protection on circuits where cables are not buried to 50mm - I'm of the opinion its a code 3 however some colleagues are saying its a code 2 ( I cant find clarification on this ) - Any ideas? I don't want to over egg a report but at the same time want to be sure I'm giving the right advise
 
Regs are not retrospective so can only be a 3
Whilst I would consider this particular issue to be a C3, it certainly isn't the case that something which was compliant at the time of installation cannot be given a more severe observation than that where it clearly poses a danger. (My favourite example being fused neutrals.)
 
C3 unless passing through or supplying special locations, sockets with potential for outdoor use etc.
 

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