Building Regulations Part P

The Government has announced its intention to bring fixed electrical installations in dwellings within the scope of the Building Regulations in England and Wales. The new requirement – Part P – will come into effect on 1 January 2005.

The Electrical Contractors’ Association (ECA) has argued for better regulation of electrical work for some time. The need for this is underlined by the fact that every year about ten people die and more than 750 are injured because of unsafe domestic electrical installations and appliances.

To address this, the ECA has called for statutory support for the IEE Wiring Regulations, BS 7671, and for well defined minimum standards of technical competence for electrical installers. As a result of constant lobbying, the estimated 40 000 electrical contracting firms in England and Wales that are not currently working within existing voluntary controls will have no choice but to change their working practices.

After the introduction of Part P, anyone will still be able to undertake electrical work in dwellings, even the householder. However, the work will have to comply with the requirements of Part P and the majority of such work should be notified to building control departments before it is started. Building control officers will wish to inspect the work to confirm that it complies fully with the Building Regulations.

To relieve the burden on building control officers, the Government has approved five Competent Person Schemes. The firms assessed and registered by such schemes will be able to certify that their work complies with the Building Regulations. Once Part P is implemented, it will be a criminal offence if the person or firm carrying out electrical installation work contravenes the Building Regulations.

Part P will apply in England and Wales to fixed electrical installations after the electricity supply meter in dwellings.

A dwelling can be a domestic property, block of flats or new housing association estate. Other buildings benefit from the electrical safety requirements of the Electricity at Work Regulations 1989. However, it should be noted that in addition to dwellings, Part P will apply to:

• combined dwellings and business premises such as shops with a common supply;
• common access parts in blocks of flats, shared amenities in flats (eg, laundries, gyms);
• outbuildings, including sheds, garages and greenhouses, supplied from a consumer unit.

All electrical installation work must comply with the requirements of Part P, but minor works do not need to be notified to building control unless they are in high-risk areas such as bathrooms or kitchens. In areas not in a kitchen or special location, examples of minor work include:

• adding lighting points to an existing circuit;
• adding socket outlets and fused spurs to an existing circuit;
• installation/upgrading of main and supplementary equipotential bonding.

In all locations, the following work does not need to be notified to building control:

• replacing accessories such as socket outlets, control switches and ceiling roses;
• replacement of the cable for a single circuit only;
• refixing or replacing the enclosures of existing components;
• providing mechanical protection to existing fixed installations.

A way of meeting the requirements of Part P will be to follow the technical rules in BS 7671: 2001 and the guidance given in installation manuals that are consistent with this standard, eg, the IEE On-site Guide and Guidance Notes Nos 1 to 7. Note that the non-electrical building work carried out in connection with the electrical installation work should also comply with all the applicable requirements of Building Regulations, not only Part P.

Local authorities have responsibility for enforcing the Building Regulations. Solicitors responsible for conveyancing property will seek the appropriate documentation certifying that any electrical work carried out does comply with the Building Regulations. Once the ‘Home Information Pack’ is introduced this should reinforce the need for the appropriate documentation, hence the effectiveness of enforcement.

As discussed earlier, five Competent Person Schemes have been approved by the Government to reduce the burden on building control departments. The term ‘competent person’ is a somewhat unfortunate legal phrase used to describe a firm that has been independently assessed by a government-approved scheme, as competent to self-certify its own work. Such a firm may be a sole trader, a partnership or a limited company.

The ECA, working in partnership with BRE Certification and the IEE, has applied to run a UKAS-accredited scheme using its own technical expertise. The scheme is one of the five approved by the Government.

It is anticipated that as the implementation date of 1 January 2005 approaches there will be a rush of firms seeking assessment and there could be delays. Firms leaving their applications until the last minute may find that they do not achieve Competent Person status in time for Part P.

The ECA/IEE/BRE Certification scheme will charge £540+vat for an initial assessment to confirm a company’s competence. ECA members can take advantage of a special preferential rate of £320+vat. Thereafter they will be subject to shorter annual surveillance visits to ensure their work complies with the Building Regulations.

Don’t be put off by misleading claims from other bodies, get the facts, keep an eye on the ECA web site at www.eca.co.uk or contact the ECA on 0870 609 6093. We have also launched, with BRE Certification and the IEE, a separate information site at www.partp.co.uk