Housing Electrical Safety Policy

Our vision

Our Housing Service vision is that all homes in East Suffolk are safe, suitable, and sustainable, in communities where residents are proud to live.

This vision supports the Sustainable Housing theme in the Council’s Corporate Strategy: Our Direction 2028.

Equality and diversity statement

East Suffolk Council is intent on ensuring people or communities do not face discrimination or social exclusion due to any of the following protected characteristics: age; disability; sex; marriage and civil partnership; race; religion or belief; sexual orientation; gender reassignment; pregnancy and maternity, and socio-economic deprivation.

This document complies with the Council’s equality and diversity policy.

Introduction and objectives

1.1. As a landlord, East Suffolk Council (ESC) is responsible for repairs and maintenance to our homes, communal blocks and other properties we own and manage, all of which will contain electrical installations, equipment and portable appliances.

1.2. The key objective of this policy is to ensure our Cabinet, Corporate Leadership Team, employees, partners and tenants are clear on our legal and regulatory electrical safety obligations. This policy provides the framework our staff and partners will operate to meet these obligations.

1.3. This policy forms part of our wider organisational commitment to driving a health and safety culture amongst staff and contractors (as detailed within our Health and Safety Policy). It will be saved on our shared drive and distributed to all relevant members of staff.

Policy scope

2.1. This policy applies to:

• The housing assets which are owned by the Housing Revenue Account (HRA) and any which are leased by or managed as social housing stock or used for the purposes of Temporary Accommodation for those experiencing homelessness, for which the Council owes a statutory accommodation duty. This includes domestic dwellings (houses and flats), communal areas of any blocks containing such properties, retired living/supported/temporary housing schemes and associated offices/communal spaces, and garage blocks.

2.2. The policy is relevant to all our employees, tenants, contractors, and other persons who may work on, occupy, visit, or use our premises, or who may be affected by our activities.

2.3. The policy should be used by all to ensure they understand the obligations placed upon East Suffolk Council to maintain a safe environment for tenants and employees within the home of each resident, and within all communal/common areas of buildings and other properties we own and/or manage. Adherence to this policy is mandatory and requires the full co-operation of management, and staff at all levels.

Roles and responsibilities

3.1. The Cabinet has overall governance responsibility for ensuring this policy is fully implemented to ensure full compliance with legislation and the Regulator of Social Housing’s (RSH) Regulatory Standards. As such, the Cabinet will formally approve this policy and review it every three years (or sooner if there is a change in legislation or regulation).

3.2. The Corporate Leadership Team (CLT) is responsible for ensuring adequate resources are made available to meet the policy objectives.

3.3. The Housing Health and Safety Board which is chaired by strategic director will receive monthly performance reports in respect of electrical safety and ensure compliance is being achieved. They will also be notified of any non-compliance issue identified.

3.4. The Strategic Lead for Regulatory Compliance has strategic responsibility for the management of electrical safety, and ensuring compliance is achieved and maintained. They will oversee the implementation of this policy.

3.5. The Electrical Safety Contracts Manager will fulfil the role of the “Principal Duty Holder” with the National Inspection Council for Electrical Installation Contracting (NICEIC) and the Electrical Manager will fulfil the role of the “Qualifying Supervisor” for the NICEIC to ensure that all electrical work carried out by our directly employed Electricians is to the required standards.

3.6. Housing Services teams will provide support where gaining access to properties is difficult and will assist and facilitate any legal access processes, as per our Access Policy.

3.7. Residents are responsible for allowing access to their homes to carry out 5 yearly electrical inspections (EICRs) and any necessary electrical repairs as per the terms and conditions of their tenancy agreement.

Legislation, guidance and regulatory standards

4.1. Legislation:

Principal legislation application to this policy is as follows:

• Housing Act 2004
• Landlord and Tenant Act 1985
• Homes (Fitness for Human Habitation) Act 2018
• Electricity at Work Regulations 1989
• Electrical Equipment (Safety) Regulations 2016
• Social Housing Regulation Act 2023

4.2. Additional legislation

This policy also operates within the context of the following legislation:

• The Defective Premises Act 1972
• The Occupiers' Liability Act 1984
• Health and safety at work etc. Act 1974
• Workplace (Health Safety and Welfare) Regulations 1992
• Provision and Use of Work Equipment Regulations 1998
• Management of Health and Safety at Work Regulations 1999
• Regulatory Reform (Fire Safety) Order 2005
• Corporate Manslaughter and Homicide Act 2007
• Building Regulations 2010 (England and Wales) - Part P
• Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013 (RIDDOR)
• Construction, Design and Management Regulations 2015
• Data Protection Act 2018

4.3. Guidance and codes of practice:

The principal guidance and codes of practice applicable to this policy are:

• INDG236 - Maintaining portable electrical equipment in low-risk environments (as amended 2013).
• IET Wiring Regulations British Standard 7671 latest edition.
• Code of Practice for the Management of Electrotechnical Care in Social Housing (Electrical Safety Roundtable) January 2019.
• The Code of Practice for In-Service Inspection and Testing of Electrical Equipment (IET) 2020 (5th edition).

4.4. Regulatory standards

We must ensure that we comply with the Regulator of Social Housing’s regulatory framework and consumer standards for social housing in England; The Safety and Quality Standard, as part of the Social Housing Regulation Act 2023.

4.5. It has been confirmed that 5 yearly electrical safety testing will become mandated in this legislation from November 2025. For now, our policy is adhering to best practice to operate 5 yearly testing for our stock in preparation of this legislative change.

4.6. Sanctions

Failure to discharge our responsibilities and obligations properly could lead to sanctions, including: prosecution by the Health and Safety Executive (the HSE) under the Health and Safety at Work etc. Act 1974; prosecution under the Corporate Manslaughter and Corporate Homicide Act 2007; prosecution under any of the principal legislation listed in Section 4.1; and sanction via a regulatory notice from the Regulator of Social Housing.

Obligations

5.1. The Housing Act 2004 requires that properties are free from Category 1 Housing Health and Safety Rating System (HHSRS) hazards; this includes electrical hazards.

5.2. The Landlord and Tenant Act 1985 and the Homes (Fitness for Human Habitation) Act 2018 place duties on landlords to ensure that electrical installations in rented properties are:

• Safe when a tenancy begins
• Maintained in a safe condition throughout the tenancy so the property is fit for habitation

5.3. To comply with these duties, electrical installations are required to be periodically inspected and tested. There is no legal requirement setting out how frequently we must carry out inspections and tests in domestic properties, however the government consulted during summer 2022 on introducing mandatory checks on electrical installations for social housing at least every five years.

5.4. Best practice guidance within the current version of BS7671 (currently BS7671:2018+A2:2022) recommends that electrical installations are tested at intervals of no longer than five years from the previous inspection. This guidance also states that any deviation from a five-year interval should be at the recommendation of a competent person and should be backed up by sound evidence to support the recommendation.

5.5. All electrical installations should be inspected and tested prior to the commencement of any new tenancies. This means that tests should be carried out whilst properties are void and when mutual exchanges and transfers take place, and a satisfactory Electrical Installation Condition Report (EICR) will be held on our Housing Asset Management System.

5.6. The Electricity at Work Regulations 1989 places duties on employers that all electrical installations and appliances within the workplace are safe and that only competent persons work on the electrical installations, systems and equipment.

5.7. The Electrical Equipment (Safety) Regulations 2016 requires landlords to ensure that any electrical appliances provided as part of a tenancy are safe when first supplied.

Statement of intent

6.1. We acknowledge and accept our responsibilities with regards to electrical safety under the legislation and regulations, as outlined in Sections 4 and 5.

6.2. We will deliver an electrical inspection and testing programme as set out in Section 7.

6.3. We will ensure that all electrical installations are in a satisfactory condition following the completion of an electrical installation inspection and test and will require the production of a condition report or other certificate which confirms that the installation is safe.

6.4. We will ensure that a full electrical installation inspection and test is undertaken in the case of a change of occupancy (void properties and mutual exchanges), and when completing planned works within domestic properties; this will be evidenced through a satisfactory EICR or other report.

6.5. We will ensure each property has a smoke alarm and carbon monoxide alarm installed. We will install, test and replace (as required) battery/hard-wired smoke and carbon monoxide alarms as part of the annual gas safety check visit (or at void stage). Where the property does not have a gas supply, we will do this as part of the electrical inspection test.

6.6. We will ensure that all properties have a hard-wired smoke alarm system (including carbon monoxide detection) within a period of no longer than 2 years following the approval of this policy.

6.7. We will operate a robust process if there is difficulty gaining access to a property to carry out the electrical safety check or remediation works. We will use the legal remedies available within the terms of the tenancy agreement, lease or license provided the appropriate procedures have been followed and approval given by a Head of Service (or more senior role). Where resident vulnerability issues are known or identified, we will ensure that we safeguard the wellbeing of the resident as per our Access policy.

6.8. We will ensure that there is a robust process in place for the management of immediately dangerous situations identified from the electrical safety check.

6.9. We will operate effective contract management arrangements with the contractors responsible for delivering the service, including; ensuring contracts/service level agreements are in place, conducting client-led performance meetings and ensuring that contractors’ employee and public liability insurances are up to date on an annual basis.

6.10. We will operate measures to identify, manage and/or mitigate risks related portable electrical appliances in the properties we are responsible for.

6.11. We will carry out a programme of Testing and Certification to lightning protection, where it is installed, every 12 months.

6.12. We will establish and maintain a risk assessment for electrical safety management and operations, setting out our key electrical safety risks and appropriate mitigations.

6.13. To comply with the requirements of the Construction (Design and Management) Regulations 2015 (CDM), a Construction Phase Plan will be in place for all repairs work to void and tenanted properties (at the start of the contract and reviewed/updated annually thereafter), component replacement and refurbishment works.

6.14. We will ensure there is a robust process in place to investigate and manage all RIDDOR notifications made to the HSE in relation to electrical safety and will take action to address any issues identified and lessons we have learned, to prevent a similar incident occurring again. All accidents/incidents will also be reported through the councils internal DASH system as per corporate health and safety policy.

Programmes

7.1. We have implemented a programme of five yearly electrical installation inspections and testing. We carry out these inspections and tests to all domestic properties, communal blocks and other properties within the scope set out in 2.1, and from this point forward the inspection and test will be carried out every five years (unless the competent person recommends an earlier next test date). The person carrying out the test will be required to issue us with a new satisfactory EICR. The date of the next inspection and test is driven from the date of the most recent EICR. All reasonable attempts will be made to access these properties as stated in our Access policy.

7.2. New builds and properties which have rewires - All new builds, and all properties which have a rewire, will receive their first electrical installation inspection and test five years after the date of installation, and every five years thereafter. Tenants will receive a copy of the EICR certificate within 30 days of the test being carried out.

7.3. Properties managed by others - We will obtain EICRs where our properties are managed by a third party. If the third party does not provide the EICR, we will carry out the inspection and obtain the EICR, and re-charge them for the cost of this work.

Follow-up work

8.1. We will endeavour to repair all Code 1 (C1), Code 2 (C2) and Further Investigation (FI) defects identified by an electrical installation inspection and test at the time of the check, to produce a satisfactory EICR. Where this is not possible, we will make the installation safe and return to complete the required remediation works within 28 days to ensure a satisfactory EICR is produced.

8.2. Where any C1 and C2 defects have been repaired, they will be recorded on the satisfactory EICR to provide an audit of the work completed.

8.3. We will review all Code 3 (C3) and observations and determine the most appropriate course of action.

Data and records

9.1. We will maintain a core asset register of all properties we own or manage, with component/attribute data against each property to show electrical safety testing and inspection requirements.

9.2. We will operate a robust process to manage all changes to our assets, including property acquisitions and disposals, to ensure that properties are not omitted from the electrical safety programme and the programme remains up to date.

9.3. We will maintain accurate records, against each property we own and/or manage, of the following:

• Inspection dates.
• Electrical Installation Condition Reports (EICRs)
• Minor Electrical Works Certificates and Building Regulation Part P notifications associated with remedial works; and
• Electrical Installation Certificates
• Emergency Lighting Annual Inspection and Testing Certificate
• Lightning Protection System Certificates.

9.4. We will hold these records in our Housing Asset Management System.

9.5. We will keep at least the two most recent EICR records or certificates outlined within section 9.3. We will have robust processes and controls in place to maintain appropriate levels of security for all electrical safety related data.

Resident engagement

10.1. We consider good communication essential in the effective delivery of electrical safety programmes; therefore, we will produce guidance on electrical safety to support our tenants and ensure this is available in accessible formats such as our website and in a leaflet.

10.2. This will assist us in maximising access to carry out electrical inspections, encourage and support tenants to report any concerns about electrical safety, and help us to engage with vulnerable and hard to reach tenants.

10.3. We will share information clearly and transparently and will ensure that information is available to tenants via regular publications and information on our website.

Competent persons

11.1 The Electrical Safety Contracts Manager, as the post responsible for managing the day-to-day delivery of the programme, will hold a minimum of the following qualifications:

• City & Guilds 236 part 1 and 2 (or equivalent)
• City & Guilds 2391 Inspection and Testing (or equivalent)
• City & Guilds 2382 Regulation update (latest BS7671 edition update)
• The Institution of Occupational Safety and Health (IOSH) Managing Safely

OR

• Level 4 Diploma in Asset and Building Management Compliance

11.2. Only suitably competent electrical contractors and operatives, who are registered with an approved competent body (for example the NICEIC, British Standards Institution, ELECSA, BRE Certification or NAPIT Registration) will undertake electrical works on our behalf.

11.3. We will check that our contractors hold the relevant qualifications and accreditations when we procure them, and thereafter on an annual basis; we will evidence these checks and each contractor’s certification appropriately.

11.4. Our direct in-house Electrical Team are and will be registered with an approved competent body (NICEIC). All individual Electricians employed within the team will have their suitable qualifications checked by the Electrical Manager before employment commences. Any additional or regulation update training will be provided by East Suffolk Council.

Training

12.1. We will deliver training on this policy and the procedures that support it, through appropriate methods including team briefings; electrical compliance awareness training; and on the job training for those delivering the programme of electrical inspections, planned maintenance and repair works as part of their daily job. All training undertaken by staff will be formally recorded.

Performance reporting

13.1. Detailed below are the performance indicators that are reported on the compliance dashboard. This will be reported to the Housing Health and Safety Board (HHSB) monthly.

• Total number of Dwellings in Programme.
• Total number of EICRs in Date.
• Total number of Overdue EICRs.
• Total number of Overdue EICRs (< 3months).
• Total number of Overdue EICRs (3-6 months).
• Total number of Overdue EICRs (6-12 months).
• Total number of Overdue EICRs (12+ months).
• Remedial action taken to gain access to compete outstanding EICRs.

Quality assurance

14.1. We undertake internal desktop audits to 100% of all EICRs, Electrical Installation and Minor Works certification. This is carried out by our NICEIC registered Qualified Supervisor (QS).

14.2. We will have an annual audit by the NICEIC to ensure we fully comply with BS7671 (IET Electrical Wiring Regulations).

14.3. We will carry out a 10% onsite audit of all EICRs and rewires, this in conducted using our internal clerk of works team.

Significant non-compliance escalation process

15.1. Our definition of non-compliance is any incident which has the potential to result in a potential breach of legislation or regulatory standard, or which causes a risk to health or safety.

15.2. All non-compliance issues will be reported and escalated as soon as possible and no later than 24 hours after the incident occurred, or becoming aware of it.

15.3. In cases of serious non-compliance, CLT and Cabinet will consider whether it is necessary to disclose the issue to the Regulator of Social Housing as required by the regulatory framework, or any other relevant organisation.

Conclusion

16.1. This policy sets out our approach to Electrical safety. If you are an ESC tenant, you should consult your tenancy agreement/licence/lease for further information on your rights and responsibilities, ask our advice, or seek independent help.

Appeals

17.1. Tenants can appeal decisions made under this Policy, through ESC’s Customer Feedback Policy.

Policy review

18.1. This Housing Electrical Safety Policy will be reviewed every three (3) years, or earlier if required due to legislative, regulatory, best practice, or operational changes.

18.2. Any review or amendments to this policy will be subject to approval by the Housing Health and Safety Board (HHSB).

18.3. The Strategic Lead for Regulatory Compliance, and the contracts manager for Electrical Safety will be responsible for ensuring the implementation of this policy.