Indeed - and that's why so much electrical work was allegedly undertaken in 2004There was a (short) period when either red/black or blue/brown could be used. I bought my house in October 2004 and quickly rewired it in red/black which was still allowed before the Jan 2005 deadline.
Did not matter when the work was done, it was when it was planned that mattered, I have a load of planned work for my house.On the part of those who 'invoked it', it was really just a lie, rather than a 'loophole'!
I (genuinely!) virtually (or completely - can't remember for certain) my daughter's newly-bought cottage in late 2004, using brown/blue cable. If anyone were to challenge that (suggesting that the work may have been done after 1st Jan 2005), I doubt that I could prove the truth - but I can at least demonstrate that she bought the cottage in January 2004 and that an EICR (well, PIR!) at that time suggested the need for an urgent re-wire - so the re-wire having been done during 2004 is very credible!
Kind Regards, John
That's true in terms of compliance with BS 7671, and it presents some opportunity for regarding it as a 'loophole' in as much as the meaning of 'when work was planned' is not defined.Did not matter when the work was done, it was when it was planned that mattered, I have a load of planned work for my house.
The Building Regulations said:12.—(1) This regulation applies to a person who intends to—
(a)carry out building work;
......
(2) Subject to the following provisions of this regulation, a person to whom this regulation applies shall—
(a)give to the local authority a building notice in accordance with regulation 13; or
(b)deposit full plans with the local authority in accordance with regulation 14.
That's a 21st century (or 'near 21st century') consumer unit.This is a photo of the fusebox -
True - 'not great' - in other words, not compliant with current regulations (which require, for new installations/work, the majority of circuits to be RCD protected). However, current regulations are not retrospective, and that sort of 'split load' CU was the norm, and compliant with the prevailing regs, at the time it was installed. It's quite possible that it could be adapted to provide RCD protection of the rest of the circuits (with a second RCD) or, if that were not possible, most/all of the circuits currently without RCD protection could have their MCBs changed to RCBOs. ... so a new CU is not necessarily the only option to bring that one 'up to current regs', if you wanted that.I guess that shows only a subset of the circuits are RCD protected, which probably isn't great?
Well, it was in that work planned before the introduction of Part P was not subject to Part P.That's true in terms of compliance with BS 7671, and it presents some opportunity for regarding it as a 'loophole' in as much as the meaning of 'when work was planned' is not defined.
I think it did; what else was there to define "prior to Part P".However, I am far less sure that it applied to the introduction of Part P and notification, did it? As of 1st January 2005, the following applied to electrical work (except for the few non-notifiable works which then existed), just as to any other building work...
I don't have a copy of the BR before 2010 but surely it must be the case as the work, planned before Part P, will be ongoing since before Part P and the notification rules, so it would have been impossible to notify before the work started and also it might not comply with the regulations at the later time.I see nothing there which says or suggests that notification was not required if the work that one 'intends to do' was planned prior to 2005, do you (the remainder of Reg 12 contains no such exemptions)?
AS you quote, I was talking about compliance with BS 7671 (and what I said was equally true before anyonbe even dreamed of Part P), not abou Part P.Well, it was in that work planned before the introduction of Part P was not subject to Part P.
.. I though he was talking about things that he has vague 'plans' to (possibly) do at some point in the (possibly distant) future. I don't think that one could argue that new work does not need to comply with, say, BS7671:2018 (or even BS7671:2008) because one had 'been planning to do it' since, say, the 1990s!I have a load of planned work for my house.
I believe that the Building Regulations 2010 were preceded by the Building Act 1984 (for full version - click here) .I don't have a copy of the BR before 2010 but surely it must be the case as the work, planned before Part P, will be ongoing since before Part P and the notification rules, so it would have been impossible to notify before the work started ....
I don't fully understand that. Which regulations did you have in mind - "Part P"?... and also it might not comply with the regulations at the later time.
Ok. not defined, as such then, but equally, there was no way to check when it was done.AS you quote, I was talking about compliance with BS 7671 (and what I said was equally true before anyonbe even dreamed of Part P), not abou Part P.
I presumed Eric was talking about Part P because that was what 'planned earlier' referred to.The issue with BS 7671 conformity/compliance is that "planned" is not defined. When eric wrote ...
.. I though he was talking about things that he has vague 'plans' to (possibly) do at some point in the (possibly distant) future. I don't think that one could argue that new work does not need to comply with, say, BS7671:2018 (or even BS7671:2008) because one had 'been planning to do it' since, say, the 1990s!
I believe that the Building Regulations 2010 were preceded by the Building Act 1984 (for full version - click here) .
Wasn't Part P introduced because prior to that there was no check on electrical work - i.e. it was not subject to BRs and notification.There obviously could not have sensibly been a requirement to notify electrical work that had been commenced prior to 1st January 2005, even if the work were ongoing after that date. However, if the wording about 'notification' was similar (to that in the 2010 Act) in the 1984 Act (I haven't yet found precisely the right bit), then notification may well have required (at least technically) notification of any work not actually started until after 1st Jan 2005, even though it may have been 'planned' in 2004, or maybe even earlier.
I was talking about Part P and notification as that is what was introduced in 2005.I don't fully understand that. Which regulations did you have in mind - "Part P"?
I'm sure he was (talking about notification, not really Part P per se).I presumed Eric was talking about Part P because that was what 'planned earlier' referred to.
Well, I'm sure there is scope for debate about "why" Part P was introduced but, yes, as you know as well as I do, there was no explicit specific regulation of electrical work before the advent of Part P. However, as I said, we both know that - sop what was your point?Wasn't Part P introduced because prior to that there was no check on electrical work - i.e. it was not subject to BRs and notification.
I usually advise people commissioning EICRs (or any similar 'inspection' in oither fields) to make it clear from the outset that, as a matter of principle, they would not employ the person/company who did the EICR to undertake any remedial work that might be necessary - thereby perhaps reducing to some extent the risk of things being flagged by the EICR 'to create work for the electrician'!Kind Regards, John
As I said, I am far from convinced that (unlike BS7671) the Building Regs ever said anything about work which had been 'planned' before 1st Jan 2005, so it's very likley that the courts would have nothing to 'decide' - if I'm right in my suspicions, anyone who started work on a notifiable electric job after 1.1.2005 would, without any room for debate/discussion/decision, have broken the law.OK tongue in cheek, I am sure even if I have detailed plans for work designed before Part P came in, that work should if notifiable be notified before starting the work. However it would be for the courts to decide ...
I may be wrong, but I'm not at all sure that, even when someone has been injured or killed, and the Courts have become involvedas a consequence, that they have even bothered to prosecute people for failure to notify electrical work - long before we had even dreamed of Part P, there were plenty of laws one could use to prosecute people whose work/actions had resulted in injury or death to others. There are at least couple of cases you are always mentioning - do you know exactly what crimes people were prosecuted for in either/any case?.... and unless some one is injured due to the work, it is unlikely the courts are interested in it.
I'm afraid we live in an imperfect world. If one already has good reason to trust a particular electrician (or 'electrician') to undertake a totally objective EICR then, fair enough, but if one has to go to a relative stranger for an EICR, then the only sensible course is (in my opinion) to 'assume the worst' - and adopt whatever approach one feels would be appropriate in the event that one was 'unlucky'.How imaginative, what a marvelous way to build a trusting relationship.
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