Building Safety Bill

1.5 Mandatory electrical safety checks for all tenures in HRRBs will help prevent the deaths, injuries and property damage caused by fires and electric shocks. These five-yearly checks would be paid for by the owner of the property – costing about £200 per dwelling, averaging around £40 per year – and would help ensure that HRRBs are not placed at increased risk by the absence of such a basic safety measure. As previously stated, a single poorly maintained electrical installation in a HRRB places every unit and every person in the building at risk.

1.6 This is a simple and highly effective measure to protect the lives and property of hundreds of thousands of people across England and it is vital that the Building Safety Bill includes this requirement.

1.7 These background points apply to all our recommended new clauses outlined below.

2. Social Housing: Recommended Amendment 1: New Clause: Duty of Social Landlords to Undertake Five-yearly Electrical Safety Inspections and Testing

2.1 The suggested new clause is attached as Appendix 1. We suggest it is inserted after Clause 86 on page 96 at the end of line 11. It requires all social landlords to:

i. Hold a valid Electrical Installation Condition Report (EICR) for all their dwellings in HRRBs carried out within the last five years and to provide a copy to tenants or:

ii. In the case of a dwelling built or totally rewired within the last five years an Electrical Installation Certificate (EIC).

iii. Handle a valid complaint about the safety of the electrical installation.

iv. Rectify any unsafe electrical conditions found using a qualified and competent person.

2.2 Failure to comply with these provisions creates an offence punishable by fine. As can be seen in Appendix 1 the clause contains definitions of the terms used.

2.3 The UK Government’s Social Housing White Paper, published on 27th November 2020, under the heading ‘Setting standards on smoke and carbon monoxide alarms and electrical safety’ [11] , said unambiguously at paragraph 13 on page 19 that `Safety measures in the social sector should be in line with the legal protections afforded to private sector tenants.’ Currently this is not the case, despite the Social Rented Sector being in favour of mandatory five-yearly electrical safety checks. [12]

2.4 The suggested new clause plugs a loophole in the law. Landlords of privately rented flats are required to have an electrical safety check covering the electrical installation by a qualified and competent person at least every five years – but social housing properties in HRRBs are not included and complaints from tenants can be ignored. For example:

i. In evidence to the Grenfell Inquiry resident Mr Edward Daffarn said [13] : ‘I first became aware of the power surges on 13 May 2013 when I was sitting in my living room and the overhead lights went from being really dim back to really bright. During the power surges residents' electrical equipment would malfunction, smoke would be emitted from electrical fires ...`. Yet he was labelled a troublemaker by the tenant management company.

ii. Earlier in 2021 appalling conditions in a high-rise block in Croydon featured in an ITV News programme [14] which revealed dangerous risks with the electrical system. Yet tenants’ complaints were ignored.

This is not a small problem. Based on FOI requests, we estimate that there are more than 275,000 tenants living in Council-owned HRRBs in England. There are over 200,000 in London; an unknown number in Liverpool and Manchester (we were told there are no records); over 10,000 in Birmingham; nearly 8,000 in Southampton; a similar number in Leeds; 6,600 in Bristol; 3,400 in Brighton; and over 4,000 in Newcastle. However, not one of these flats is required by law to have an electrical safety certificate.

2.5 At the 2nd Reading of the Building Safety Bill the Secretary of State said: ‘we are giving residents a stronger voice in the system through the Bill, making it easier for them to seek redress and to have their voices heard. The Bill will require an accountable person for a High Rise Residential Building to engage with their residents and establish a formal complaints process for residents to raise concerns.’ [15]

2.6 But the Bill does not do that. Clause 93 entitled ‘Complaints procedure operated by principal accountable person’ defines a ‘relevant complaint’ as one relating to ‘a building safety risk as regards the building…’

2.7 We believe that this does not, or may not in law, cover the electrical installation or any appliances supplied with a let. An assurance by the Secretary of State to the Committee would be welcome but to ensure the safety of social housing tenants, certainty is required by specifying this in the Bill.

3. Leaseholders: Recommendation 2: New Clause: Duty of Leaseholders to Undertake Electrical Safety Inspection and Testing.

3.1 The suggested new clause is attached as Appendix 2. We suggest it is inserted after Clause 86 on page 96 at the end of line 11. It requires all leaseholders to hold a valid Electrical Installation Condition Report (EICR) for their dwelling or in the case of a dwelling built or totally rewired within the last five years an Electrical Installation Certificate (EIC).

3.2 Failure to do so would render the leaseholder liable to a warning in the first instance, and civil penalty if there were subsequent instances.

3.3 We have suggested separating this clause from the social housing new clause because the method for dealing with failures to comply are different. A leaseholder would receive a warning or a civil penalty, but not a criminal record. Members of the Committee may find this a more proportionate approach whilst importantly still delivering electrical safety protections for other residents in HRRBs.

4. Residents of HRRBs: Recommendation 3: Replacement of Clause 86 from the draft Bill: Duty of Residents

4.1 This is attached as Appendix 3. We suggest it is inserted after Clause 95 on page 102 at the end of line 36. It gives residents: a duty of responsibility to "keep any relevant

resident’s item in repair and proper working order". It defines the term ‘relevant resident’s item’ to include electrical and gas installations and appliances.

4.2 The draft version of the Building Safety Bill published on 20 July 2021 included Clause 86. This clause was aimed at residents and proposed placing a duty of responsibility

on them to "Keep any relevant resident’s item in repair and proper working order". The removal of this clause is disappointing as it presents a clear way in which to help ensure electrical installations and appliances are kept in safe working order.

4.3 This Clause would have also supported in law the Government’s "Fire Kills" campaign, an important educational initiative to prevent fires in the home. Electrical Safety First has worked closely with the Home Office to promote this campaign for many years during the annual Electrical Fire Safety Week, and believes it to be an important and effective vehicle for sharing safety messaging with the public.

4.4 There is nothing unique about this clause. For instance:

i. Residents currently have a duty under the Highways Act 1980 [16] to prevent dangerous trees from overhanging a highway or a neighbour`s garden. If they fail to

discharge this duty the local authority is given powers to enforce it and to carry out the works required and charge the resident.

ii. Under the Building Act 1984 [17] owners are given a duty to ensure that buildings are not dangerous, and once again the local authority is given powers to access, carry out works and charge the resident.

4.5 This clause only introduces a similar duty for electrical installations and appliances that may be dangerous to other residents and creates no precedent.

4.6 Electrical Safety First is concerned that Clause 86 has been removed from the Bill and believes that this is a backward step in addressing electrical safety issues in HRRBs. Electrical Safety First recommends reinstating this important Clause.

Appendix 1: New clause: Duty of Social landlords to Undertake Electrical Safety Inspections

Clause 86 page 96 line 19 at end insert

-- Duty of social landlords to undertake electrical safety inspections

(1) A social landlord of a residential dwelling in a high-rise building must-

(a) hold a valid

(i) Electrical Installation Condition Report (EICR) for that dwelling; or

(ii) in the case of a dwelling built or totally rewired within the last five years an Electrical Installation Certificate (EIC).

(b) provide to the tenant of the dwelling, including any new such tenant-

(i) a copy of that EICR or EIC, and

(ii) a document explaining the provisions of this Act;

(c) handle any valid complaint about the safety of the electrical installations of the dwelling in accordance with subsection 5.

(2) A person who fails to comply with a duty under subsection (1) commits an offence.

(3) A person guilty of an offence under this section is liable on summary conviction to a fine.

(4) A complaint is valid if: -

(a) it relates to the safety of the electrical installations of the dwelling,

(b) it is made in writing by, or on behalf of, the tenant of the dwelling, and

(c) it is not frivolous or vexatious.

(5) The landlord must investigate any valid complaint within 28 days of receiving that complaint.

(6) If such an investigation shows that the electrical installations are unsafe, the landlord must rectify the situation using a qualified and competent person within 28 days of the completion of the investigation.

(7) If the landlord believes that a complaint is not valid, they must write to the tenant within 28 days of receiving that complaint explaining why they do not think it is valid.

(8) Interpretation

In this section-

a "valid Electrical Installation Condition Report"-

(a) is dated within the last five years,

(b) covers the whole fixed electrical installation of the dwelling,

(c) has a satisfactory outcome,

(d) was completed by a qualified and competent person, and

(e) is based on the model forms in BS 7671 or equivalent;

"valid Electrical Installation Certificate" is a certificate issued by a competent and qualified person

according to BS 7671 (IET Wiring Regulations).

"social landlord" has the same meaning as in section 21 

Appendix 2: New clause: Duty of Leaseholders to Undertake Electrical Safety Inspections

Clause 86 page 96 line 19 at end insert

-- Duty of leaseholders to undertake electrical safety inspections

(1) A leaseholder of a residential dwelling in a high-rise building must

(a) hold a valid

(i) Electrical Installation Condition Report (EICR) for that dwelling; or

(ii) in the case of a dwelling built or totally rewired within the last five years an Electrical Installation Certificate (EIC).

(b) provide a copy of that EICR or EIC to a person specified by the Secretary of State within an agreed time period; and

(c) if such an investigation shows that the electrical installations are unsafe, the leaseholder must rectify the situation using a qualified and competent person within 28 days of the completion of the investigation

(2) A person who fails to comply with subsection (1) shall

(a) initially receive a written request from the specified person to provide the EICR; and

(b) if he or she fails to comply with such a written request be liable to a civil penalty.

(3) The Secretary of State shall, by regulations, nominate who the specified person shall be.

(4) Interpretation

In this section a

"valid Electrical Installation Condition Report"-

(a) is dated within the last five years,

(b) covers the whole fixed electrical installation of the dwelling,

(c) has a satisfactory outcome,

(d) was completed by a qualified and competent person, and

(e) is based on the model forms in BS 7671 or equivalent.

"valid Electrical Installation Certificate is a certificate issued by a competent and qualified person

according to BS 7671 (IET Wiring Regulations).

Appendix 3: Replacement of Clause 86 from the draft Bill: Duty of Residents

Clause 95 page 102 line 36 at end insert

"-- Duties on residents

(1) A resident of an occupied higher-risk building aged 16 or over-

(a) must keep in repair and proper working order any relevant resident’s item,

(b) must take reasonable care to avoid damaging any relevant safety item, and

(c) must comply with a request, made by the accountable person for the building, for information reasonably required for the purposes of a duty under section 83 or 84.

(2) Where it appears to the accountable person for an occupied higher-risk building that a resident has contravened (or is contravening) a duty under subsection (1), the accountable person may give the relevant person a notice under this section.

(3) A notice under this section is a notice that-

(a) specifies the duty in question and the alleged contravention.

(b) specifies any steps that the accountable person considers the resident should take in order to remedy the contravention, and a reasonable time for the taking of those steps.

(c) specifies anything that the accountable person considers the resident

should refrain from doing, to avoid further contraventions of the duty in question.

(d) contains an explanation of the steps that the accountable person may take under this section if the notice is not complied with.

(4) The Secretary of State may by regulations make provision about notices under this section, including-

(a) provision about the form of a notice and the way a notice is to be given, and

(b) further provision about the content of a notice.

(5) The county court may, on an application made by the accountable person, make an order under this section if satisfied that-

(a) a notice under this section has been given,

(b) the contravention alleged in the notice occurred, and

(c) it is necessary to make the order.

(6) An order under this section may-

(a) require a resident of an occupied higher-risk building aged 16 or over

to provide specified information or do a specified thing, by a specified time;

(b) prohibit such a resident from doing a specified thing.

(7) In this section-

"relevant resident’s item", in relation to a resident, means any electrical or gas installation or appliance that-

(a) is in the dwelling in which the resident resides or is in premises occupied or controlled by a resident of the dwelling in connection with the dwelling, and

(b) is not an installation or appliance for which a person other than a resident of the dwelling is under a duty to keep in repair or proper working order;

"relevant safety item" means anything that-

(a) is in, or forms part of, the common parts (as defined by section 69), and

(b) is intended to improve the safety of persons in or about the building in relation to a building safety risk.

(8) The Secretary of State may by regulations amend subsection (1) or (7)."

1 September 2021