Part P from the horses mouth so to speak

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LABC monkey said:
Again I am more than willing to discuss the matter further, including Part p and circular 8/2004 clause by clause if you so wish and would welcome a telephone call so that we can resolve this issue.
regards
[name removed]
I can't wait to hear the outcome of the discussion of the Circular 8/2004 clause that says "local authorities do not have the power to require householders to retain an electrician to test and certificate the work in accordance with BS 7671. Local authorities which have adopted such a practice should discontinue it immediately."
 
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ban-all-sheds said:
LABC monkey said:
Again I am more than willing to discuss the matter further, including Part p and circular 8/2004 clause by clause if you so wish and would welcome a telephone call so that we can resolve this issue.
regards
[name removed]
I can't wait to hear the outcome of the discussion of the Circular 8/2004 clause that says "local authorities do not have the power to require householders to retain an electrician to test and certificate the work in accordance with BS 7671. Local authorities which have adopted such a practice should discontinue it immediately."

neither can i. updates tomorrow
 
more on this: my reply to them, with the help of bans post:

as far as im concerned, anyone can do the work, providing its done properly
and complies with part P.

it is part of your job to test. if not, please state the part of the
Statutory Instrument 2004 no. 3210 The building (Amendment no.3) regulations
2004 where it states the work must be carried out by someone else. also,
please explain why it says in circular 8/2004 why it says 'local authorities
do not have the power to require householders to retain an electrician to
test and certificate the work in accordance with BS 7671. Local authorities
which have adopted such a practice should discontinue it immediately'

you also said this:

If you are not qualified to issue such a certificate then you would have to
have the work checked by someone who can.

on what legal basis do you assess wether someone is competent to issue
certificates? and what happends when someone decides they need an extra
socket in the bedroom and spurs from a nearby socket. this is not notifiable
and he wouldnt know how to give certificates.

you also said:

I am sure that because of your training you already know that regardless of
the introduction of Part P anyone carrying out electrical works should
already give their client a copy of a BS7671 certificate to say the works
have been designed, installed and tested and are satisfactory.

if im working to BS7671, then certificates should be issued. but where in
BS7671 does it say they are mandatory? and if there not mandatory then there
isnt a legal requirement to issue certificates.

you also said:
and my advice would have to be not to become involved in works for "friends"
where you cannot operate as a "true" contractor and give guarantees etc

what legislation says this?

Consequently and unfortunately for you my advice would be not to become
involved as it would appear that you would not be able to perform all the
functions to "keep the work legal"

why are you tryin to get someone else to do the work, and in effect 'refuse'
to carry out your statutory responsibilities to perform the functions to
keep the work legal?

you also said:
We would far prefer the works to be carried out by an experienced electrican
as opposed to a DIY but at the end of the day the bottom line is that the
system will need to be tested and certified.
i work as an electrician full time. i do have been on house re-wires for 6
month. i think i should know how to wire a house. wether i do it or some
electrical company does it, it will be done to the same standards. altho the
approach you seem to be taking is 'your not qualified enough, get someone
else'. Part P is also here to help DIYers with little experiance to ensure
the system is safe

you also said:

You appear to be mis representing what I have said about the levels of fees
we charge as I have not said that we would charge you "more to do the work"
I was trying to relate to you the time and cost this could cost the
authority if your friend wasnt to commission his own testing.

you say it will cost about £200 for you to have the system tested, i read
that as i would have to pay extra for that ontop of your fee's (my
appologies if i have read it wrong). charging people extra to get somoene
appointed by yourself to test isnt allowed.

overall, we just want the house re-wired. so we have a few options: just do
it, end of. but i would rather keep this legal which you seem to be making
hard to do by breaching certain things and tryin to get someone else to do
it the work


his reply:

Andrew
please give me a ring [number removed] or provide me with a contact number so I can phone you so we can discuss and Ill try my best to run through all your comments.
Our emails are becoming increasingly complex and its certainly not my intention to be confrontational
and I would not like my comments to be taken in such a way.I agree anyone can do the work as long as its done properly
It will certainly be easier to discuss, however please be assured we are following national guidance which was discussed between Local Authority Building Control and ODPM After the letter(which you quote from and not the actual circular) which accompanied circular 8/2004 was sent to local Authorities
I hope that verbally I will be able to satisify your concerns to ensure what we both want i.e. the works on site to be done in a safe and satisfactory manner
regards
[name removed]
 
however please be assured we are following national guidance which was discussed between Local Authority Building Control and ODPM After the letter(...) which accompanied circular 8/2004 was sent to local Authorities

Don't be swayed on this. It does not matter what discussion between ODPM and LABC takes place, the fact of the matter is that S33(2) of The Building Regulations 1984 has not been commenced. This, quite simply, means it is not the law.

The issue you have, which hopefully will not be brought up, is that although the above is not commenced, hence is not the law, it does not mean that it would be illegal for them to make a charge/force you to pay for a spark to test.

However, there may conversely be something to cover that eventuality in Building (Local Authority Charges) Regulations 1998 - which I have not read.


All in all, I advise you to tread carefully. Whether they have the power to make you get your work tested or not is something you and the LABC are debating - but they certainly DO have the power to be very very difficult should you actually proceed with doing the rewire yourself... Imagine them signing off at first fix, but then pointing out a (tiny) defect at second fix - it'd make you a lot more work you'd have no choice but to do. Although there is an ombudsman to complain to.
 
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Agreed, it ain't a good idea to wind up LABC if you require their services ... Complain afterwards :LOL:
 
Sorry to jump in here but I just thought I'd let you know about what I just been told in a conversation with some bloke at basingstoke planning/building control.
I rang them about a job I've been asked to do for a mate.
Job involves running swa from cu in house up the garden to a shed, fitting 2 way cu, 2 circuits 16amp radial + lighting.
Rang building control to ask about notifiable work & procedure of notifying them, explained that I wasn't part p approved but do hold c&g 236. Response was
"Just apply for a building notice (no plans required) call us back so we can inspect at first fix, then so long as you know how to fill out a BS7671 certificate for the new wiring then send us a copy + leave one with your mate thats it apart from the payment of £62"
 
havent actually phoned back. last contact was email already posted. not really bothered about what he says atm since there isnt actually a house to be rewired. next on my list is contacting another council...

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