Helloo...
As some may know i'm currently squabbling with my LABC about inspection and testing of electrical work, in particular who pays for it. My understanding is that it is the LABC who must sort out the testing, and that understanding is based on sections of Part P, that letter sent by ODPM (now dept. of CLG) to all the LABCs on the matter, and many threads on here and other forums. Here's the last reply I got from my LABC Building Control Manager:
"Dear Mr Pope,
With reference to your email I can advise that it is the responsibility of the person carrying out the work to demonstrate compliance with the Regulations and this will include providing certification that the electrical work complies. The charges set by Bedford are based on the administrative cost of processing the application and carrying out an inspection of the `first fix´ electrical work. The `advice´ within the approved document does not form part of the Regulation and the Department of Communities and Local Government are aware that Bedford together with a number of other Local Authorities and Building Control Bodies do not consider the carrying out of testing to be part of our function.
Equally the `advice´ letter from CLG is incorrect as it conflicts with the Regulations regarding charges. These Regulations do not allow Authorities to have two different charges for the same work, namely one charge for those who do provide a test certificate and another for those who do not. Our charges have been set to reflect our costs for those who do provide a certificate as these form the majority of applications we receive.
We would only consider carrying out testing when there is a need to prosecute for an offence under the Regulations where the additional costs incurred could be reclaimed. Building work which includes controlled electrical work is not treated as complete and will not be covered by a completion certificate until a test certificate has been provided. I hope this answers your questions and if I can be of further help please contact me.
Richard
Richard Martin MRICS MBEng
Building Control Manager"
So essentially Bedford does not consider testing to be part of their function. Is this right? Is it up to them to make that decision? I always had an inkling that quoting Part P at them wouldn't wash as it was also my understanding that those documents are 'technical guides' rather than statutory instruments (but then if an LABC can ignore the wording of the approved documents on those grounds surely anyone carrying out work can too?). Are there actually any real laws that say LABC must arrange testing?
Me, I just want to make sure that any work i do is in line with the law and that my LABC too is operating correctly. For example, it did occur to me that me engaging a third party to certify my installation, as my LABC is demanding, is in itself against the regulations! Their response was that the electrician should be engaged to simply issue a Periodic Inspection Report rather than an Electrical Installation Certificate. I understand that considerable discretion lies with the LABCs in deciding what they will accept as demonstrating compliance with the regs, so if they are happy with a PIR for a new installation and will issue me with a Completion Certificate on that basis, then so be it! It just strikes me that technically my work could break many regs (not that it will) and still pass a PIR!
Anyway, I've gone higher up the food chain and emailed that reply to LABC Services and CLG asking for clarification. Will update on here when they reply. On one hand a sympathise with LABCs having to provide this service at no extra cost to the householder - does seem like rather a good deal for DIY installers, but on the other hand I feel i pay enough tax in general to demand that my LABC upholds its legal requirements (if that's what they are) and does not get away with bullying householders. Therefore i reckon I can pursue this and still sleep at night!
Cheers,
Liam
As some may know i'm currently squabbling with my LABC about inspection and testing of electrical work, in particular who pays for it. My understanding is that it is the LABC who must sort out the testing, and that understanding is based on sections of Part P, that letter sent by ODPM (now dept. of CLG) to all the LABCs on the matter, and many threads on here and other forums. Here's the last reply I got from my LABC Building Control Manager:
"Dear Mr Pope,
With reference to your email I can advise that it is the responsibility of the person carrying out the work to demonstrate compliance with the Regulations and this will include providing certification that the electrical work complies. The charges set by Bedford are based on the administrative cost of processing the application and carrying out an inspection of the `first fix´ electrical work. The `advice´ within the approved document does not form part of the Regulation and the Department of Communities and Local Government are aware that Bedford together with a number of other Local Authorities and Building Control Bodies do not consider the carrying out of testing to be part of our function.
Equally the `advice´ letter from CLG is incorrect as it conflicts with the Regulations regarding charges. These Regulations do not allow Authorities to have two different charges for the same work, namely one charge for those who do provide a test certificate and another for those who do not. Our charges have been set to reflect our costs for those who do provide a certificate as these form the majority of applications we receive.
We would only consider carrying out testing when there is a need to prosecute for an offence under the Regulations where the additional costs incurred could be reclaimed. Building work which includes controlled electrical work is not treated as complete and will not be covered by a completion certificate until a test certificate has been provided. I hope this answers your questions and if I can be of further help please contact me.
Richard
Richard Martin MRICS MBEng
Building Control Manager"
So essentially Bedford does not consider testing to be part of their function. Is this right? Is it up to them to make that decision? I always had an inkling that quoting Part P at them wouldn't wash as it was also my understanding that those documents are 'technical guides' rather than statutory instruments (but then if an LABC can ignore the wording of the approved documents on those grounds surely anyone carrying out work can too?). Are there actually any real laws that say LABC must arrange testing?
Me, I just want to make sure that any work i do is in line with the law and that my LABC too is operating correctly. For example, it did occur to me that me engaging a third party to certify my installation, as my LABC is demanding, is in itself against the regulations! Their response was that the electrician should be engaged to simply issue a Periodic Inspection Report rather than an Electrical Installation Certificate. I understand that considerable discretion lies with the LABCs in deciding what they will accept as demonstrating compliance with the regs, so if they are happy with a PIR for a new installation and will issue me with a Completion Certificate on that basis, then so be it! It just strikes me that technically my work could break many regs (not that it will) and still pass a PIR!
Anyway, I've gone higher up the food chain and emailed that reply to LABC Services and CLG asking for clarification. Will update on here when they reply. On one hand a sympathise with LABCs having to provide this service at no extra cost to the householder - does seem like rather a good deal for DIY installers, but on the other hand I feel i pay enough tax in general to demand that my LABC upholds its legal requirements (if that's what they are) and does not get away with bullying householders. Therefore i reckon I can pursue this and still sleep at night!
Cheers,
Liam