The Renting Homes (Fitness for Human Habitation) (Wales) Regulations 2022

Electrical safety E+W

6.—(1) The landlord must ensure that there is a valid electrical condition report in respect of the dwelling during each period of occupation.

(2) An electrical condition report—

(a) is a condition report setting out the results of an electrical safety inspection carried out by a qualified person;

(b) is valid—

(i) until the end of the period of 5 years beginning with the day on which the electrical safety inspection is carried out (“the inspection date”), or

(ii) if the electrical condition report states that the next electrical safety inspection should be carried out less than 5 years after the inspection date, until the end of the day by which, in accordance with the report, the next electrical safety inspection should be carried out.

(3) The landlord must ensure that the contract-holder is, before the end of the period of [F1 14 days] starting with the occupation date, given—

(a) a copy of the most recent electrical condition report, and

(b) where investigatory or remedial work has been carried out on or in relation to an electrical service installation in the dwelling after the electrical safety inspection to which that report relates (and before the occupation date), written confirmation of work.

(4) Where an electrical safety inspection is carried out after the occupation date, the landlord must ensure that the contract-holder is given a copy of the electrical condition report relating to the inspection before the end of the period of [F2 14 days] starting with the day on which the inspection was completed.

(5) Where investigatory or remedial work is carried out on or in relation to an electrical service installation in the dwelling after the occupation date, the landlord must ensure that the contract-holder is given written confirmation of work before the end of the period of [F3 14 days] starting with the day on which the landlord received the confirmation.

(6) A dwelling is to be treated as unfit for human habitation at a time when the landlord is not in compliance with a requirement imposed by this regulation.

(7) For the purposes of paragraph (6), a landlord—

(a) who has not complied with paragraph (1) is to be treated as in compliance with that paragraph at any time when—

(i) the landlord has obtained an electrical condition report, and

(ii) that report is valid.

(b) who has not complied with paragraph (3)(a) or (4) is to be treated as in compliance with the provision in question from the time the contract-holder is given a copy of the most recent valid electrical condition report;

(c) who has not complied with paragraph (3)(b) or (5) is to be treated as in compliance with the provision in question from the time the contract-holder is given written confirmation of work.

(8) In this regulation—

“electrical safety inspection” (“archwiliad diogelwch trydanol”) means the inspection and testing of every electrical service installation in a dwelling in accordance with the electrical safety standards(1);

“electrical safety standards” (“safonau diogelwch trydanol”) means the standards for electrical service installations set out in the eighteenth edition of the Wiring Regulations, published by the Institution of Engineering and Technology and the British Standards Institution as [F4 BS 7671:2018+A2:2022];

“electrical service installation” (“gosodiad gwasanaeth trydanol”) means an installation for the supply of electricity; and references to an electrical service installation in a dwelling include, where the dwelling forms part only of a building, an electrical service installation which directly or indirectly serves the dwelling, and which either—

(a)

forms part of any part of the building in which the landlord has an estate or interest, or

(b)

is owned by the landlord or is under the landlord’s control;

“qualified person” (“person cymwysedig”) means a person who is competent to undertake the inspection and testing of an electrical service installation, and any further investigative or remedial work, in accordance with the electrical safety standards;

“written confirmation of work” (“cadarnhad ysgrifenedig o’r gwaith”) means, in relation to investigatory or remedial work, a copy of written confirmation, from a qualified person, that the work in question has been carried out.

Textual Amendments

F1 Words in reg. 6(3) substituted (30.11.2022) by The Renting Homes (Fitness for Human Habitation) (Wales) (Amendment) Regulations 2022 (S.I. 2022/1076), regs. 1(2), 2(2)(a)

F2 Words in reg. 6(4) substituted (30.11.2022) by The Renting Homes (Fitness for Human Habitation) (Wales) (Amendment) Regulations 2022 (S.I. 2022/1076), regs. 1(2), 2(2)(b)

F3 Words in reg. 6(5) substituted (30.11.2022) by The Renting Homes (Fitness for Human Habitation) (Wales) (Amendment) Regulations 2022 (S.I. 2022/1076), regs. 1(2), 2(2)(c)

F4 Word in reg. 6(8) substituted (30.11.2022) by The Renting Homes (Fitness for Human Habitation) (Wales) (Amendment) Regulations 2022 (S.I. 2022/1076), regs. 1(2), 2(2)(d)

Commencement Information

I1 Reg. 6 in force at 1.12.2022, see reg. 1 (as amended by The Renting Homes (Wales) Act 2016 (Commencement No. 2 and Consequential Amendments) Order 2022 (S.I. 2022/906), art. 3)

(1)

See section 92 of the Act which (where incorporated as a term of an occupation contract) provides that the landlord must keep the electrical service installations in the dwelling in repair and proper working order.