Electrical safety for commercial landlords

As a commercial landlord, you have legal responsibilities towards your tenants and others visiting your premises. One of these is regarding electrical safety.

Landlords are legally obliged to ensure that there are no risks to their tenants’ health and safety from electrical systems or installations within their premises. This includes carrying out checks, maintenance and repairs where necessary.

A commercial landlord’s responsibilities are laid down in law because faulty, damaged or misused electrical systems can cause a serious injury or even a fatality. If this happens, you may be prosecuted – even if the injured person was trespassing.

If you are unsure of your responsibilities for electrical safety in commercial buildings, the Health and Safety Executive (HSE) is a good place to start. Visit the website and you’ll find relevant guidelines and a range of resources to help you.

Commercial electrical safety

The Landlord and Tenant Act (1985)

The Landlord and Tenant Act (1985) is designed to maintain standards for tenants and. Regarding electrical maintenance and safety, in Section 8 it stipulates that commercial landlords must ensure the safety of all electrical installations and appliances provided in their property. It says that the installations must be safe at the start of the tenancy and remain that way throughout.

Visitors to your commercial premises

There are also responsibilities upon landlords of commercial properties that are visited by people other than the tenants. This applies particularly to landlords of shops, restaurants or offices.
Under the 1957 Occupiers’ Liability Act and the 1984 Occupiers’ Liability Act, commercial landlords have a duty of care towards visitors to the premises.

Electrical appliances

Maintenance and upgrading of electrical appliances used within the commercial property may be the responsibility of either the landlord or the tenant. This must therefore be discussed between the two parties, and an agreement signed as part of the lease terms.

However, the overall responsibility for ensuring the building is safe lies with the landlord. They also need to ensure they provide their tenants with manuals and instructions for the correct and safe use of appliances.

Periodic electrical inspections / Fixed wire testing

Periodic inspections, also known as fixed wire testing, look for damage, defects or deterioration in electrical installations and systems. They help landlords ensure compliance and the electrical safety of their premises.

Landlords are responsible for arranging periodic inspections. They should be carried out at least every five years by a qualified, registered electrician. They should also ideally be undertaken every time there’s a change of occupancy.

EICR (Electrical Installation Condition Report)

An EICR is a more thorough inspection of electrical systems than the periodic testing. It not a legal requirement but it is a good idea to have one. It is benchmarked against the British Standard BS 7671 for electrical safety.

The report is produced after detailed examination of electrical systems by a qualified, registered electrician. It is useful in highlighting any faults or issues that need repairing. It’s also helpful in ensuring that you comply with the 1985 Landlords and Tenants Act.

A periodic inspection or fixed wire testing will usually form part of the EICR.

Rewiring

As the use of a commercial building develops, the wiring within it can be placed under increased or changed demand. Ageing or overloaded wiring can be dangerous, and it may therefore be a good idea to have the premises rewired.

You should always use the expertise of a professional, qualified electrician to rewire electrical installations in your commercial property. The rewiring must be carried out without any safety risk for the people in the building, as well as any future tenants.

Talk to us about commercial electrical safety

Contact our team here at DRF Electrical to discuss your electrical needs as a commercial landlord. Whether needing maintenance, a periodic inspection or a full rewiring, we have decades of experience in all kinds of electrical work.