As a landlord, while your primary concern might be the overall upkeep of your commercial properties, it’s important to understand the specific responsibilities when it comes to electrical installation condition reports (EICRs). Typically, the responsibility for obtaining an EICR falls on the tenant occupying the commercial property. However, as a landlord, being informed about EICRs can help you ensure your properties remain compliant and safe.
What is an EICR?
An electrical installation condition report (EICR) is a detailed assessment of the electrical installations within a property. It evaluates the condition of wiring, consumer unit/ fuse box circuits, and electrical systems to identify any signs of deterioration, damage, or potential hazards. The aim of an EICR is to confirm that the electrical systems are safe and meet current safety regulations, thereby reducing the risk of electrical fires, shocks, or other related incidents.
Legal requirements for electrical safety in commercial properties
The responsibility for maintaining safe electrical installations in commercial properties typically rests with the tenant rather than the landlord. This is often outlined in the lease agreement, where tenants are responsible for ensuring that the premises are safe and compliant, including obtaining an EICR every five years or sooner if recommended by a previous report.
However, landlords should be aware that the overall safety of the building, including communal areas, remains their responsibility. In these cases, obtaining an EICR for shared spaces and the building’s electrical infrastructure might still be required.
It’s usually the tenant’s responsibility
As stated above, it is generally the responsibility of the tenant occupying the commercial property to ensure that there is a valid EICR. This obligation will be outlined in the lease agreement, particularly in a full repairing lease. Under a full repairing lease, the tenant assumes responsibility for the maintenance and repair of the entire property, including electrical systems. This means that the tenant is accountable for ensuring the electrical safety of the premises.
Failing to comply with this requirement not only poses safety risks but could also lead to significant legal consequences.
What does a commercial EICR involve?
A commercial EICR involves a thorough inspection and testing of the property’s electrical installations, including:
- Visual inspection: The process starts with a visual examination of all accessible electrical installations, checking for signs of damage or unsafe conditions.
- Testing of fixed electrical circuits: The electrician will then test the fixed electrical circuits and systems to identify faults or potential issues, ensuring the wiring and systems are functioning safely.
- Assessment of protective devices: Protective devices such as fuses and circuit breakers are evaluated to ensure they meet safety standards, this can also be switches, isolator and other type of electrical accessories.
- Report and recommendations: A detailed report is provided after the inspection, outlining any issues identified, categorised by severity, and includes recommendations for any necessary remedial work.
Who is qualified to carry out a commercial EICR?
EICRs must be conducted by qualified electricians who are accredited by SELECT (Scotland’s Electrical Trade Association) or NICEIC (National Inspection Council for Electrical Installation Contracting).
This ensures that the inspection is performed according to the highest safety standards, ensuring compliance with legal requirements.
While you might find a lower quote for a commercial EICR, it’s important to ensure the company is accredited; otherwise, the report will not be valid.
What if remedial work is needed?
If an EICR reveals the need for remedial work, the tenant is generally responsible for addressing these issues promptly. The EICR report will use a coding system to indicate the severity of any problems found:
- Code C1: Immediate danger. Requires urgent action.
- Code C2: Potential danger. Needs urgent remedial work.
- Code C3: Improvement recommended. Not dangerous, but safety could be improved.
- FI codes: Further investigation required to clarify the condition.
- Limitations: Limitations on what has been carried out on a commercial EICR.
The tenant must ensure that any necessary repairs or upgrades are completed to maintain compliance and safety. Your insurance company will require a valid EICR to ensure your coverage remains in effect and does not become void.
What could cause a commercial EICR to Fail?
Several factors can lead to a commercial EICR to fail, each of which presents a risk to the safety of the property and its occupants.
Understanding these factors can help tenants proactively maintain their electrical systems and address any issues before they escalate.
Here’s an in-depth look at what could cause an EICR to fail:
Damaged or deteriorated wiring:
Wiring naturally degrades over time due to age, usage, and environmental factors. Insulation may become brittle, connections can loosen, and wires may suffer from wear and tear.
Damaged or deteriorated wiring is one of the most common reasons for an EICR to fail. It can lead to exposed live wires, which pose serious risks such as electric shocks, short circuits, or even electrical fires.
Loose electrical connections:
Electrical connections are critical points where wires join or attach to devices and accessories. Faulty connections can occur due to poor installation practices, corrosion, or loosening over time. These poor connections can cause resistance in the circuit, leading to overheating.
Overheated connections can, in turn, ignite surrounding materials, leading to a fire. Faulty connections are often identified by signs of burning, discoloration, or melting at connection points.
Inadequate protective devices:
Protective devices, such as fuses, circuit breakers, and residual current devices (RCDs), are designed to safeguard the electrical system by interrupting the flow of electricity in the event of an overload, short circuit, or earth fault.
An EICR will fail if these protective devices are inadequate, outdated, or improperly installed. For instance, older fuse boxes may not offer the same level of protection as modern circuit breakers or RCDs, which are more sensitive and can detect faults more effectively.
Earthing and bonding:
Earthing and bonding are essential safety measures designed to prevent electric shocks. Earthing provides a path for electrical currents to safely dissipate into the ground in the event of a fault, while bonding ensures that all metal parts of an installation are at the same electrical potential, reducing the risk of electric shock.
If the earthing or bonding is missing, inadequate, or improperly installed, it can lead to dangerous situations where live parts are not correctly grounded, posing a severe risk to anyone who comes into contact with them.
Poor electrical installations:
Electrical installations that do not meet the required standards are a common cause of EICR failures. This includes installations that were carried out by unqualified individuals, those that do not comply with the latest electrical regulations, or installations using poor quality materials.
Non-compliance can manifest in various forms, such as poor routing of cables, incorrect installation of devices, or the use of outdated or incompatible components. These issues not only compromise the safety of the electrical system but also its reliability and efficiency.
Planned Preventative Maintenance in Edinburgh (PPM)
To avoid the risks associated with a failed EICR, proactive maintenance of the electrical installations is key. This includes regular inspections, repairs, and upgrades to meet current safety standards.
By staying on top of electrical safety and repairs, tenants can ensure their premises are safe, compliant, and less likely to experience disruptive and costly issues.
Find out more about Planned Preventative Maintenance (PPM).
How long does an EICR certificate Last?
An EICR certificate is generally valid for up to five years, provided no significant changes have been made to the electrical installations. If the property undergoes major electrical work, a new EICR might be required sooner.
How much does a commercial EICR cost in Edinburgh?
The cost of a commercial EICR can vary significantly depending on the size and complexity of the property’s electrical systems. Generally, prices range from £250 to £500 or more. For larger commercial spaces that have multiple fuse boards or consumer units, it’s common practice to price the inspection per circuit. The average cost is around £18 per circuit, allowing you to estimate the total cost by counting your circuit breakers.
Keep in mind that other factors may influence the final cost, such as whether the inspection is conducted during standard working hours or outside of them, and additional considerations like parking fees.
Typically, the tenant, as specified in the lease agreement, is responsible for covering this expense.
What can commercial landlords do?
While tenants are typically responsible for obtaining an EICR in commercial properties, landlords have a crucial role in ensuring the overall safety and compliance of their buildings.
By taking proactive measures, landlords can protect their investment, maintain a safe environment, and reduce potential liabilities.
Here are some key steps commercial landlords can take:
Incorporate EICR clauses in lease agreements:
To avoid any ambiguity, it’s essential that lease agreements clearly outline the tenant’s responsibility for obtaining and maintaining a valid EICR.
This clause should specify the frequency of inspections, the standards to be met, and the consequences of non-compliance. By including detailed EICR clauses, landlords can ensure that tenants understand their obligations from the outset, which helps in maintaining the electrical safety of the property.
Monitor EICR compliance regularly:
Landlords should not take a hands-off approach once the lease is signed. Regularly monitoring EICR compliance is key to ensuring ongoing safety. Request that tenants provide proof of a valid EICR at agreed intervals, such as annually or bi-annually, depending on the terms of the lease.
This proactive approach allows landlords to identify any lapses in compliance early and address them before they escalate into more significant issues.
Maintain and inspect shared areas:
While tenants may be responsible for the EICR within their individual units, landlords retain responsibility for the safety of communal or shared areas, including electrical systems that serve multiple tenants.
Regular inspections and maintenance of these areas are crucial to prevent potential hazards. Landlords should schedule routine checks and ensure that all shared electrical installations are up to current safety standards – this includes communal lighting and emergency lighting.
Summary
Commercial EICR certification is an important element in maintaining electrical safety in any commercial property. Repsonsibilities for both tenants and landlords should be clearly laid out in the tenancy agreement.
This page forms part of our ongoing series of articles on EICR reports and electrical safety. We hope you’ve found it helpful. If you have any questions then please do give us a call on 0131 258 2750.
If you are a commercial landlord or tenant, do leave your feedback below.
All the best
Mark and the IES team.
