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Who Is Responsible For EICR On Commercial Property?

Written by Legal Clarity | Jan 21, 2025 12:17:55 PM

Business owners and landlords must complete EICR tests to keep their employees and tenants safe. In this blog, we’ll explore everything you need to know about EICRs and who is responsible for them when it comes to commercial property.

What is an EICR?

An EICR is an Electrical Installation Condition Report also referred to as an EICR test or fixed wire testing. This is an assessment that ensures the safety of a property’s occupants. This test must be performed in both residential and commercial properties. 

An EICR is used to summarise the safety of the electrical installations within the property. It will also identify any harm, faults or potential decay that may impact the safety of a property.

Without an assessment, electrical maintenance can be neglected leading to faults, fires and electrocution. EICRs will ensure any faults are detected.

Who is responsible for EICR on commercial property?

Commercial property owners are legally obligated to ensure the safety of electrical installations under the Electricity at Work Regulations 1989 (as amended). Carrying out an EICR assists with ensuring that the property owners comply with their statutory obligations.

Once a Tenant takes occupation of the premises it will usually, as condition of the lease, be the tenant's responsibility.  

Landlords and business owner’s key responsibilities: 

  • To protect the health and safety of their employees and/or tenants.
  • To arrange any repairs quickly after hazards are identified. 

Qualified engineers must perform an EICR test, to ensure it is completed properly and in line with the law. Once an engineer has been arranged to complete the EICR it is the engineer's responsibility to identify any faults. The responsibilities of a qualified engineer include:

  • Following the right procedures when performing EICR tests.
  • Identifying potential electrical installation dangers within a property.
  • Informing the business owner or landlord of any issues found while performing the EICR test. 

What are the requirements involved in EICRs for commercial properties?

There are a range of legal requirements involved in EICRs for commercial properties, such as:

A duty of care

Business owners and landlords have a duty of care (a legal obligation) to maintain a safe environment for employees and tenants. 

Electrical safety regulations

All electrical installations within a property must comply with electrical safety regulations. This includes the building's electrical wiring and individual appliances. 

Regular inspections

It is recommended that inspections are carried out every 5 years for industrial premises and every 3 years for commercial buildings which include offices, shops, and restaurants. 

That said, timings will vary depending on factors such as age and condition of the electrical installation. 

What are the consequences of not completing an EICR test?

If an EIRC test is not completed it could mean that the electrics in the property are not maintained correctly and may not be sate. Some consequences include:

  • Financial losses - Electrical faults can lead to damage like fires, which tend to be expensive to fix and your insurance claim may be invalid if the accident occurs due to electrical safety negligence. This can lead to you needing to pay thousands if not millions of pounds.
  • You’re posing a risk to your employees and/or tenants - You have a duty of care as a landlord or business owner. Failing to complete EICR tests poses a danger to their safety.
  • It can harm your reputation - Neglecting your duty of care to employees and tenants can create a negative reputation which can lead to you losing customers and staff. 

If you’re looking to buy or sell a commercial property, our highly experienced and knowledgeable Commercial Property Solicitors can help you. Get in touch today!

FAQs

What is the EICR law for commercial property?

There is no specific law requiring an EICR but obligations are placed on property owners under under various statutes such as the Health and Safety at Work Act 1974 which requires employers to make sure their employees are safe and the Electricity at Work Regulations 1989 which requires that all electrical equipment be maintained safely. These regulations may not explicitly require an EICR but they do require that electrical installations are safe. By obtaining an EICR you will be more likely to demonstrate that a commercial property’s electrical installations have been maintained in a safe condition.

Is an EICR a legal requirement for commercial property?

No, however, as referred to above, by obtaining an EICR you will be more likely to demonstrate that a commercial property’s electrical installations have been maintained in a safe condition.