Legal requirements

[piggyitm]

OK..a house on the market has a kitchen fire,The regs say that a property should have a periodic inspection after a fire.The estate agent hasn't asked for one,the solicitor hasn't either, just an energy rating H.I.P.The Seller says,after my recommendation,they'll "forget" about it untill asked.I've issued an EIC for the new works that I've completed.Why should I notify my work and go above board.No one else can be bothered.If I didn't fill out the cert I would be less traceable.Is anyone policing whether I give £3 plus vat per notification?Who's obliged to pay to fix any code 2's? Where does the buck stop?
I'm finding it hard to advise the customer about any Part L energy regs,how can I justify the supposed cost/savings when I don't know who'll spank their **** If they don't comply?
They say "So and so just had their house done and they never needed any of this"
I back pedal "There is no legal requirement,and no regulation in BS7671 requiring an existing electrical installation regulation to be upgraded to current standards"!!!!

Has anyone any advice as to who gives out the exact legal requirements?

cheers

 

[Deleted member 9648]

As far as I'm aware only landlords are legally bound to have a PIR at each change of tenancy.The home owner ocupier is under no legal obligation to have a PIR or to have their installation in compliance with 7671 which is not a statutory document.
Anyone who carries out any installation work in a domestic situation which comes under part p is legally bound to cert and register with BC,there have been prosecutions of those who havent.

 

[markythesparky]

No one is legally bound to supply a periodic report. BS7671 recommends that periodics be carried out at certain intervals depending on what the property is or what it is used for. Landlords are legally bound to provide gas safety certs but not electric. if you were renting to say the council, then the council may ask that the landlord provides it but it is not legally required. BS7671 is not statutory.

If after a fire, you have advised that the installation should be tested (which incidentaly i agree with) it is totally in the hands of the house owner as to whether it is done or not. To take the heat away (excudse the pun) from you you could add on the 'comments on existing installation' box on your EIC that you have advised that there should be a periodic carried out because of a fire. This covers you in case of a later issue. The Part P certification is required by law. Part P is a statutory document. Part P does not cover periodic inspections only subsequent remedial work from that periodic.

Unfortunately you cannot force anyone to have work carried out as it is ulimately the man with the monies decision.

You can now get danger notices from NICEIC for situations where you have found areas of immediate danger and need to cover yourself if the client does not want it done.

Hope this helps, but i fear that you are in a boat that i have been in many a time before. the upshot is that Landlord are tight sods and done want anything done properly.

 

[piggyitm]

Thanks for the replies.It seems as tho all the stuff I'm told in the book is a load of hot air,but I'll get the fine if I don't keep to my part as the installer. Now I have the knowledge I can't be ignorant and must always make sure that the responsibility ends with the owner and they're well aware of it too.The mist is clearing guys, cheers again!

 

[piggyitm]

One Last thing....Is Part L statutory??

 

[markythesparky]

ALL building regulations are statutory and therefore legally binding. BS7671 is not.

Just to clarify an earlier point. Even landlords are NOT legally bound to provide PIRs after a tenant has moved out. PIRs are a recommendation of BS7671 and are therefore NOT legal.

We do work for many Letting Agents and the only legal requirement is the gas safety certificate.

 

[martysparky]

I'm sure I read somewhere that it is a legal obligation of a building owner to ensure its maintenance and safety factors. Can't remember where I will have a look.

I am sure its only legal to leave an installation the way it is if it is safe to do so.

If BC can enforce you to cut your grass or take a sign down no doubt they will enforce maintenance on a potentially dangerous electrical issue.

There is the Dangerous buildings Act that would come via BC.

Just a quick google search:
http://delcode.delaware.gov/title9/c029/index.shtml

http://www.uk-legislation.hmso.gov.uk/acts/acts2004/ukpga_20040034_en_1