Housing and Planning Act 2016 – Electrical
Landlords – Electrical Safety is Key in Housing and Planning Act 2016
From April 2017 the Housing and Planning Act 2016 will come into full effect giving the government the ability to write in new laws to the act. The Act will closely monitor landlords and their Health and Safety procedures, with the very real option of prison and large fines for landlords who are not compliant.
The final details of the laws and legislation contained within the Act are not detailed yet, however it is known from the original enactment detailed below that electrical safety will be one of the key focus areas.
Landlords will be required to have full and regular electrical safety tests with the accompanying test result certificates logged and validated by approved electrician. Electricians producing test certificates must be overseen by an electrical regulatory body such as the NICEIC.
There should also be the requirement to repair any at risk areas. It is also anticipated that PAT tests and other H&S requirements will be compulsory.
If landlords do not comply with the legislation then the following action will form part of the Enforcement of the Housing and Safety Act:
- Prison Sentences and Banning Orders for most Prolific Offenders
- Database of rogue landlords/property agents
- Civil penalties of up to £30,000
- Extension of Rent Repayment Orders
- Tougher Fit and Proper Person test for landlords
- Tenancy Deposit Protection Scheme data sharing
From Carole Charge, technical and compliance director at national estate agents Leaders (Source):
“Although the exact details are yet to be released, it is widely believed that all tenanted properties will soon be required to have an electrical installation check, while all electrical appliances will have to undergo a PAT test.
We anticipate that, from April 2017, all properties placed on the lettings market will need evidence that they meet the latest electrical safety standards and that all appliances are safe.
There has not yet been any indication of what the penalties may be for those landlords who do not comply, but the only way to avoid them is to guarantee the electrical safety of a property before it is let.”
From the original enacted Housing and Planning Act 2016
Electrical safety standards for properties let by private landlords
(1)The Secretary of State may by regulations impose duties on a private landlord of residential premises in England for the purposes of ensuring that electrical safety standards are met during any period when the premises are occupied under a tenancy.
(2)“Electrical safety standards” means standards specified in, or determined in accordance with, the regulations in relation to—
(a)the installations in the premises for the supply of electricity, or
(b)electrical fixtures, fittings or appliances provided by the landlord.
(3)The duties imposed on the landlord may include duties to ensure that a qualified person has checked that the electrical safety standards are met.
(4)The regulations may make provision about—
(a)how and when checks are carried out;
(b)who is qualified to carry out checks.
(5)The regulations may require the landlord—
(a) to obtain a certificate from the qualified person confirming that electrical safety standards are met, and
(b) to give a copy of a certificate to the tenant, or a prospective tenant, or any other person specified in the regulations.
If you are a landlord or estate agent please contact us to ensure you are compliant before the act is enforced. More information on your responsibilities at the current time are detailed here.
Electrical Safety Interactive Tool
The good people at Electrical Safety First have provided this interactive tool to check if you are overloading your sockets:
The Socket Calculator has been brought to you by Electrical Safety First.
For more safety information visit http://www.electricalsafetyfirst.org.uk