Fixed wiring safety certificate?
Discussion
Had a landlord's agent inspection of our industrial unit this morning and they asked when we last had a fixed wiring inspection and safety certificate.
I've been here six years and never had one. No idea what it is or what's involved. The landlord is new, having bought the industrial in the last four months. I've looked through my lease (coincidentally signed in the last month) and can find nothing relating to this. It's effectively the same lease as I had before.
Are they trying it on? They've emailed saying they have checked the lease and it's my responsibility. However, they haven't pointed me at the specific part of the lease. The agent has always been a bit 'do as I say, I'm right, you're in the wrong' even when they are clearly in the wrong.
I've been here six years and never had one. No idea what it is or what's involved. The landlord is new, having bought the industrial in the last four months. I've looked through my lease (coincidentally signed in the last month) and can find nothing relating to this. It's effectively the same lease as I had before.
Are they trying it on? They've emailed saying they have checked the lease and it's my responsibility. However, they haven't pointed me at the specific part of the lease. The agent has always been a bit 'do as I say, I'm right, you're in the wrong' even when they are clearly in the wrong.
Tyre Smoke said:
Had a landlord's agent inspection of our industrial unit this morning and they asked when we last had a fixed wiring inspection and safety certificate.
I've been here six years and never had one. No idea what it is or what's involved. The landlord is new, having bought the industrial in the last four months. I've looked through my lease (coincidentally signed in the last month) and can find nothing relating to this. It's effectively the same lease as I had before.
Are they trying it on? They've emailed saying they have checked the lease and it's my responsibility. However, they haven't pointed me at the specific part of the lease. The agent has always been a bit 'do as I say, I'm right, you're in the wrong' even when they are clearly in the wrong.
It's typically more an insurance issue than a specific lease thing. Who arranges the buildings insurance, you, or the landlord?I've been here six years and never had one. No idea what it is or what's involved. The landlord is new, having bought the industrial in the last four months. I've looked through my lease (coincidentally signed in the last month) and can find nothing relating to this. It's effectively the same lease as I had before.
Are they trying it on? They've emailed saying they have checked the lease and it's my responsibility. However, they haven't pointed me at the specific part of the lease. The agent has always been a bit 'do as I say, I'm right, you're in the wrong' even when they are clearly in the wrong.
Here's a bit more info:
http://www.fixedtesting.com/legal-requirements
Whenever I've looked into it I have had to sit down and take smelling salts when I've seen the quotes.
Tyre Smoke said:
Building insurance is supplied by the landlord and I pay a percentage based on the floor area of the entire industrial block.
Then his insurers are wanting an up to date fixed wiring inspection report which you may find difficult to wriggle out of. I feel your pain....Hmm, I'm still not convinced it is my responsibility. There is nothing that I can see in the lease agreement which is specific to the electrical installation or testing thereof. Also there is nothing specifying how often this should be carried out. Which is what the LL agent is alluding to without being able (as yet) to show me the specific section of the lease.
I have asked for clarification.
I have asked for clarification.
Most landlords will try this on. Usually relying on the complying with statute clause. However the testing is not required by statute and even the regs are woolly - something like as often as necessary.
If it’s an insurance requirement it’s likely going to come down to the exact wording in your lease.
If it’s an insurance requirement it’s likely going to come down to the exact wording in your lease.
There is a legal requirement under the Electricity at Work Act that an electrical installation is maintained in a suitable condition for use and this must be documented. The recognised way for this to be done is by Fixed Wire Testing (also called Periodic Inspection & Testing or latterly Electrical Installation Condition Report-EICR). This is defined by the IET in Guidance Note 3 which is a supplement to the 17th Edition of the wiring regulations.
In an industrial environment this needs to be carried out no more than every 3 years.
The other issue is insurance. In the event of an electrical accident or fire if you cannot prove to the insurance company that you have a maintained electrical installation (typically via an EICR) they will likely use that to deny a claim.
As Ean218 says whether it is your responsibility or the landlords' will depend on the lease. If it is FRI then it is likely your responsibility. There may not to be anything in the lease that is specific to the electrical installation but if you are responsible for the maintenance of the unit than that would include maintenance of the electrical installation.
It shouldn't be that expensive to have a EICR carried out unless the unit is huge and given that you share the block. I can give you an idea on what you should be paying with a bit more information.
Also take into account there maybe non-compliances that are found during the EICR that will require putting right.
Funnily enough the link above that Ean218 posted is owned by my company!
In an industrial environment this needs to be carried out no more than every 3 years.
The other issue is insurance. In the event of an electrical accident or fire if you cannot prove to the insurance company that you have a maintained electrical installation (typically via an EICR) they will likely use that to deny a claim.
As Ean218 says whether it is your responsibility or the landlords' will depend on the lease. If it is FRI then it is likely your responsibility. There may not to be anything in the lease that is specific to the electrical installation but if you are responsible for the maintenance of the unit than that would include maintenance of the electrical installation.
It shouldn't be that expensive to have a EICR carried out unless the unit is huge and given that you share the block. I can give you an idea on what you should be paying with a bit more information.
Also take into account there maybe non-compliances that are found during the EICR that will require putting right.
Funnily enough the link above that Ean218 posted is owned by my company!
Still no update from the agent, but the unit is small. From memory 775m2. An office upstairs and workshop space below. No electrical machinery save for a computer and printer, microwave and kettle. Quite basic. In Devon just off J27 M5 if that is relevant.
Due to the lack of immediate response, I'm guessing the agent is a little unsure of his ground.
Due to the lack of immediate response, I'm guessing the agent is a little unsure of his ground.
It’s not just an insurance or lease thing.
If an employee gets hurt you’ll be in the s
t for it.
3 years for industrial or 5 years for commercial or change of tenant, although the tester can stipulate a shorter time frame if they feel it’s necessary.
Probably cost you £400-800 to get it done depending on the installation and if it’s out of hours. Don’t forget the insurance company won’t accept it if it comes back as “unsatisfactory”, remedials normally cost more than the test, but they would be down to you normally.
If an employee gets hurt you’ll be in the s
t for it.3 years for industrial or 5 years for commercial or change of tenant, although the tester can stipulate a shorter time frame if they feel it’s necessary.
Probably cost you £400-800 to get it done depending on the installation and if it’s out of hours. Don’t forget the insurance company won’t accept it if it comes back as “unsatisfactory”, remedials normally cost more than the test, but they would be down to you normally.
It’s not just an insurance or lease thing.
If an employee gets hurt you’ll be in the st for it.
3 years for industrial or 5 years for commercial or change of tenant, although the tester can stipulate a shorter time frame if they feel it’s necessary.
Probably cost you £400-800 to get it done depending on the installation and if it’s out of hours. Don’t forget the insurance company won’t accept it if it comes back as “unsatisfactory”, remedials normally cost more than the test, but they would be down to you normally.
If an employee gets hurt you’ll be in the s
t for it.3 years for industrial or 5 years for commercial or change of tenant, although the tester can stipulate a shorter time frame if they feel it’s necessary.
Probably cost you £400-800 to get it done depending on the installation and if it’s out of hours. Don’t forget the insurance company won’t accept it if it comes back as “unsatisfactory”, remedials normally cost more than the test, but they would be down to you normally.
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