Down to basics, the EICR is designed to inform owners of the condition of the installation and give guidance as to which if any items should be tattled first, it was never designed as an MOT for homes, it was more like the more general home buyers report, and it did not matter one little bit if Code C1, C2, C3 or any other code, you were not forced to follow any recommendations, it was simply a guide.
The government has decided to use the existing system to try and improve the state of the electrics in rented accommodation on the cheap, but although a code C1 has very little argument when issued, i.e. it is dangerous, the code 4 does not comply with current edition if a new build was removed, so we have the 'potentially dangerous' label, and 230 volt is by its nature potentially dangerous, so we have a label which means very little.
There have been 18 editions of wiring regulations, each one since 1882 has tried to improve electrical safety, back in the early days we had switches where the live parts were exposed, the knife switch, and even before 1966 we had lights with no earth wires, but every version of the regulations has had a date after which and new design should follow the new rules, and the IET who publish the regulations with BSi have stated.
BS 7671:2018MODEL FORMS said:
An installation which was designed to an earlier edition of the Regulations and which does not fully comply with the current edition is not necessarily unsafe for continued use, or requires upgrading. Only damage, deterioration, defects, dangerous conditions and non-compliance with the requirements of the Regulations, which may give rise to danger, should be recorded.
So damage and deterioration easy enough, but "non-compliance with the requirements of the Regulations, which may give rise to danger." is rather vague, but in the main we are looking at changes in the way electricity is used, so back in 1882 we did not have solar panels, or electric powered cars in any quantity,
Nikola Tesla died 1943 and it is claimed he made an electric car, and Bedford produced a van in the 70's, but the big change is the way power is put into the vehicle, and the possibility of a back feed and DC, the same with solar panels, the worry is DC getting into the supply, which can render the normal type AC RCD useless.
I talk about this as an example of how some thing in 1992 when BS7671 came out may have been OK then but is not OK now. We have had a load of laws either HSE or CENELEC Harmonization which are retrospective, so there are some things we could do in 1882 which are now permitted now, and these laws and international rules have been included in BS7671, but in the main installations designed after we moved from rubber to plastic cables are as good today as the day they were installed, and there is no requirement to upgrade.
However not upgrading ties one's hands when wanting extra sockets or new type of lights, however nice metal lights switches may look, swapping from plastic to metal is a change in design, so new rules apply, even swapping from a bulb which because of the temperature clearly no one would handle while powered to one which runs cool so can be handled live is a change in design.
But I would say with an EICR we are not in general looking are temporary items plugged in, we are only looking at the “consumer’s installation” which is defined in law as, the electric lines situated upon the consumer’s side of the supply terminals together with any equipment permanently connected or intended to be permanently connected thereto on that side; this comes from The Electricity Safety, Quality and Continuity Regulations 2002. Note the "or intended to be permanently connected" so items like the central heating boiler is included even if on a plug and socket.
Although the regulations are not retrospective we can't really still use the 1882 version, at some point we need to draw a line, and the argument is where to draw that line, and since BS7671 became BS7671 in 1992 that would seem to be a convenient point. But the argument is we are looking for 'potential danger' for code C2 not non compliance with any addition of the regulations, but following the regulations it is unlikely we will have any 'potential danger'.
So there is no law to say we must have RCD protection, in some cases to avoid 'potential danger' we need RCD protection, but often there are other methods we can use. And the inspector has to use his expertise to decide if there is 'potential danger' or not, and it is a personal option of the inspector, so if he feels that since you have solar panels you need a type B RCD and you only have type AC he can code it C2, also if he feels you don't need any RCD protection again he can decide to not code lack of RCD protection, it is entirely up to him.
He must be a “qualified person” which means a person competent to undertake the inspection and testing required under regulation 3(1) and any further investigative or remedial work in accordance with the electrical safety standards; but nothing says exactly what that is, as it would depend on the premises, and until we left the EU we had to allow free moment of labour, so we could not make a law saying the inspector must hold a C&G2391.
In Wales even harder, as any law to be valid has to be in English and Welsh, and of course anything it refers to must also be in English and Welsh, and BS7671 is not published in Welsh, so any law linked to BS7671 is not valid in Wales unless case law has modified it.
Oh what has god wrought? Some times I think to be an electrician one needs a degree in English, as it is all down to interpretation, I remember as school being told in an exam read all questions first and then start to answer, and the exam paper said at end when you read this just sit with arms folded with a smug smile. And it seemed very good, but with a reference book we tend to jump to bit we are interested in, not read it cover to cover, so we are told it must comply with BS7671:2018 but we miss the bit which says this document is only valid for installations designed after date given, so when designed in 1992 we are following BS7671:2018 by following BS7671:1992 as each edition refers us back to previous until we reach the one in force when the installation was designed.