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Part P — five years old and still broken
This year it is five years since the introduction of Part P of the Building
Regulations. Or, as I like to think of it, five years since the Government
thoroughly botched an opportunity to do something to improve electrical safety
in people's houses. We could have had a full, independent skills-based
assessment of competence that everybody could have relied on — as we have, for
example, for driving cars or flying aeroplanes. Instead the
Government abrogated responsibility for
accreditation to a consortium of trade bodies whose main interest was (as it
should be) the financial well-being of its membership. This was a bad
decision with onerous consequences and, I will argue, one that would not,
and did not, improve public safety. In this article I will consider what
evidence there is that Part P has increased electrical safety,
whether the local authorities are
meeting their obligations regarding inspection, and whether the trades bodies
are competent to regulate their members. For those who don't want to
read the rest of the article, the answers are 'none', 'no', and 'no',
I'm leaving this page for historical reasons but, since the Building
Regulations etc. (Amendment) Regulations 2012 came into force, it's
not particularly relevant.
The Regulations continue to insist
that "reasonable provision" should be made to protect from fire
and inury, but the scope of work that must be notified to the Local
Authority has been hugely reduced. This means that, for all practical
purposes, the need to demonstrate compliance with BS7671 and the IEE
Wiring Regulations has been obviated, for all except very high-risk
works. It remains a criminal offence not to take reasonable steps to
ensure electrical safety, and complying with BS7671 will almost certainly
demonstrate that these steps were taken. However, failing to comply
does not of itself show that an installation is unsafe.
I remain convinced that the Government should have taken the responsibility
for certifying electrical safety out of the hands of trade bodies, and
given it to an independent certification authority that would have applied
the same standards to everybody. However, since Part P was doing nothing
at all for electrical safety in practice, the recent changes haven't
made the situation any worse, and have at least reduced the cost and
irritation of compliance.
Part P has two main requirements:
1. That electrical work in people's houses conforms to a particular standard
(BS7671 in this case) — this is arguably a good thing, and
2. Only members of particular trade associations are deemed competent to
state that their work conforms to BS7671. This is a very bad thing.
The latter point is a bad thing in the same way that giving responsibility
for for conducting MOT (vehiclular roadworthiness) tests to car manufacturers
would be a bad thing. The trade bodies have been allowed to set up
so-called 'competent person' schemes, under which their members are
not required to submit to Local Authority inspection of their work.
Five years ago I posted a vitriolic piece on
my web site about Part P (original text is here) which generated an enormous response. I've had hundreds of e-mails and
letters, and many people supported the petition I raised to the
Government, calling for a review of the effectiveness of Part P — a petition that was, unsurprisingly, ignored.
So why should a highly technical, low-profile piece of legislation
cause such an upset? The implication for the householder is that becomes
unlawful to carry out modest electrical repairs or improvements in his or
her own home. Many people are perfectly capable of doing such work
safely, and in the UK an entire industry is based on providing householders
with the tools and equipment they need to do it.
The implication for small businessess is that they will
have to incurr significant expenses complying with the new legislation,
that in many
cases are a substantial part of their turnover. Many of the letters I had
were from sole traders who feared they would be driven out of business. In
some cases, sadly, those fears well well-grounded.
The Government's response to the plight of small contractors was, and
remains, that such people always have the option of have the Local Authority
appoint an inspector to certify that the work complies with Part P
(as a householder does). In practice, this route is prohibitively expensive
and, even now, Local Authorities don't have the staff or the resource
to meet their obligations in this area (more on this point below).
Has Part P improved electrical safety?
Of course, we all accept the burden of restriction and regulation in the
interests of health and safety. In the case of Part P, there is no
evidence whatsover that the increased regulation has had, or will have,
any impact on safety.
In a Commons debate on March 16th 2005, Michael Fabricant, MP
for Lichfield, and a Fellow of the Institution of Electrical Engineers,
...part P is not necessary and [...] houses would not burn down if it were repealed tomorrow.
Phil Hope, the Minister in charge of the implementation of Part P,
gave the standard response that Part P would "save lives" but,
setting the standard that the Government would follow thereafter,
gave no evidence or justification for this.
So, five years on, has Mr Fabricant's prediction come true? Or has the
Government been vindicated?
It turns out that in the year after Part P was introducted, fatalities
resulting from electrical accidents increased considerably
(see Hansard 6 Nov 2006 : Column 863W).
This will seems strange to many people, I imagine. But I can think of
reasons for this result, by examining the
parallel cases of Australia and New Zealand.
Until 1992, Australia and New Zealand both restricted electrical work
to members of trade bodies. But in 1992 this restriction was removed in
New Zealand, whilst Australia retained it.
Since 1992, the number of electrical accidents occuring
in the home has, in fact, fallen slightly in New Zealand, and remained
approximately constant in Australia. Why might it be the case that
allowing people to do electrical work in their own homes, as in New Zealand,
improves electrical safety?
First, in an environment where
DIY electrical work is commonplace, there will be a higher level
of knowledge of electrical safety issues
among the general population, than in an environment
where only businesses are allowed to undertake such work.
You may not know, for example,
what benefit you will obtain from, say,
buying an in-line RCD unit to plug your lawnmowever into, but I'll bet
you know someone who does. The rapid uptake of new electrical safety
technology into the home has come about because of the high level
of knowledge of such matters in the community, not because of Government
safety initiatives. Many people only realize that the electrical wiring
in their houses is dangerous because they have knowledgeable friends
and relatives to point this out.
Second, because people in Australia aren't allowed to undertake
electrical work, there is an over-abundance of power adapters and
extension leads, with the risks this entails. Fuses and RCDs are designed
to protect cables against transient over-current situations (short-circuits, in
particular), not long-term overheating caused by sub-threshold overcurrent
situations. To protect against damage by long-term overheating, it is
necessary to give some thought to the number and distribution of socket
outlets. It requires some knowledge of electrical theory to do this,
and that knowledge needs to be accessible in the community to be useful.
To be fair, we don't have very extensive figures for domestic electrical
accidents in the UK, and it's not clear that electrical safety has fallen
in a statistically significant way since Part P was introduced. But it's
equally clear that it hasn't measurably improved in the last five years,
Are Local Authorities meeting their obligations?
What has come to light in the last five years, however, is that local
authorities still lack the funds and expertise to enforce Part P properly. The
report commissioned by the Department for Communities and Local Government
(Monitoring of Electrical Safety Competent Person Self-Certification Schemes,
BD2612, May 2008) has this to say:
"Building control bodies now appear to be getting to grips with implementation
of Part P after some initial teething problems. However, there are still issues
around their ability to inspect, test and provide certification for work
conducted outside of the competent person schemes and recover the associated
What this paragraph is alluding to is that Local Authorities are consistently
trying to pass on the costs of inspection to the installer, where the installer
is a sole trader or a DIY'er and can't afford to join one of the fabulously
expensive 'Competent Person' schemes. This failure is pernicious because the
Deputy Prime Minister's Office (as it then was) issued a circular telling LAs
to "destist immediately" from this practice as long ago as 2006.
After all, the rules on inspection could hardly be clearer: in Approved
Document P, para. 1.26 says:
"Building control bodies will carry out the necessary inspection and testing at
their expense, not at the householders' expense."
At the time of writing, a number of local authorities still say on their Web
sites that DIY installers and unregistered tradesmen must commission an
inspection from somebody registered under a Competent Person scheme. Not only
is this incorrect, a local authority which accepted such an inspection as
conclusive would most likely be breaking the law.
Are the trade bodies providing adequate regulation?
That some local authorities still haven't understood their obligations under
Part P is nothing short of a scandal. But, to be fair, it's not a Government
scandal, as the Government has been adamant about the duties of the local
authority right from the start. Where the Government has failed is in providing
a real test of competence for electrical installers, and a way to enforce it.
Even now, some of the trade bodies responsible for the 'Competent Person'
schemes are accrediting business where work is done by unqualified people. This
is a particularly startingly comment from report BD2612:
"However, some scheme operators (NAPIT and OFTEC) disagree with the definition
of the level of competence required to undertake electrical installation work
in dwellings and insist that all installers (not just supervisors) should
demonstrate minimum levels of competence."
Since NAPIT and OFTEC between represent fewer than 15% of electrical
contractors, it follows that 85% of contractors are certified by organizations
which think even 'minimum levels of competence' are required only by
Yes, amazingly, you did read that correctly:
most electrical work being carried out under the 'Competent Person' scheme — and which is therefore exempt from local authority inspection — is being done
by people who are not required to demonstrate even minimum standards of
competence. Of course, most likely these people are either reasonably
competent, are being supervised by somebody who is, but the schemes provide
absolutely no confidence to the consumer that this is the case.
So the 'Competent Person' schemes could be failing the householder — but are
they also failing the tradesman? The prohibitive cost of entering such a scheme
is the usual reason that small businesses and sole traders cite for not
joining. According to the report BD2612, the average cost to the business
varies between £485.17 and (gulp) £1,168.63. Whether these sums — which would
be staggering to a small trader — represent good value is far from clear. From
''The remaining scheme operators [i.e., those who provided any evidence at all]
generally provided reasonably high-level accounts statements (of variable
quality and detail) that often were not supported by any explanatory notes. The
nature of these statements rendered any further analysis extremely difficult,
although it was clear to see that they had been derived by a rudimentary
allocation and apportionment of income and expenditure from the main accounting
system of a parent organisation.''
This is a polite way of saying: "The scheme operators are not able to explain
in any kind of detail how and where they spend their members' money".
The Government makes a big deal of how many contractors have now signed up to
'competent person' schemes — about 50%. But that's 50% of contractors whose
main line of business is electrical work, and such businesses account for
a relatively small proportion of the electrical work carried out in the UK. A
great deal is done by DIYers and by traders for whom electrical work is an
adjunct — kitchen fitters, plumbers, gasfitters, etc. And from the
Government's own figures, fewer that 5% of these businesses have registered.
So where are we, five years on?
Let's hope we're all well stocked with candles.
- Most small businesses and sole traders are still not members of 'Competent Person' schemes. We have no idea how these people are demonstrating that their
work complies with the Regulations, if it does
- We have no idea whether the substantial fee charged by scheme operators is
proportionate to their running costs
- The overwhelming majority of scheme operators do not certify individual
electricians, only a business as a whole. There is still no assessment
of individual competence
- There is still no certification procedure for people who want to work only on their own homes — DIYers, retired electricians, etc.
- Some local authorities are still overcharging for inspection and misrepresenting their obligations under Part P