England (SI 2020/312) — EICR requirements, observation codes and supply obligations
The Electrical Safety Standards in the Private Rented Sector (England) Regulations 2020 (SI 2020/312) require landlords of residential tenancies in England (ASTs; company lets; student tenancies — excluding lodgers with resident landlords; social housing; long leases of 7+ years) to: have the fixed electrical installation inspected and tested at least every 5 years by a qualified and competent person (NICEIC-registered; ELECSA-registered; NAPIT-registered); obtain an EICR; carry out remedial works within 28 days where the report is unsatisfactory; supply the EICR to the new tenant before or at the start of a tenancy; to existing tenants within 28 days of a written request; to the LHA within 7 days of a written request; retain the EICR and supply a copy to the next inspector. Observation codes: C1 (danger present; immediate action; report unsatisfactory); C2 (potentially dangerous; remedial action required; report unsatisfactory); C3 (improvement recommended; NOT mandatory; does not make report unsatisfactory); FI (further investigation without delay; report unsatisfactory until resolved). Civil penalty for breach: up to £30,000 per breach.
Scotland and Wales — EICR obligations
Scotland — Repairing Standard (Housing (Scotland) Act 2006 ss.13-18): the Repairing Standard requires the electrical installation to be in reasonable repair and proper working order; the Repairing Standard (Scotland) Regulations 2019 make 5-year EICR mandatory for Scottish private rental properties; first mandatory EICR required by 1 March 2022 for all existing tenancies; EICR required at each change of tenancy if the existing report is more than 5 years old or unsatisfactory; a tenant can refer a failure to comply to the First-tier Tribunal (Housing and Property Chamber) as a breach of the Repairing Standard. Wales — Renting Homes (Wales) Act 2016 and Renting Homes (Fitness for Human Habitation) (Wales) Regulations 2022: periodic EICR at least every 5 years; mandatory from 1 December 2023 for new lets; existing tenancies by 1 December 2026; supply and remedial works obligations broadly mirror SI 2020/312 (England) requirements.