Part P: Throwing out the baby and the bathwater?

Phil Buckle
Director General at Electrical Safety Council
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Post date: Tuesday, 7th February 2012

Phil Buckle of the Electrical Safety Council explains why the charity is working in partnership to keep Part P, the only regulatory framework giving consumers a ‘safety net’ from rogue electricians and general unsafe electrical work in their homes.

Last year, the government announced plans to review Part P of the building regulations for England and Wales. Part P was introduced five years earlier, in 2005, to ensure that electrical installation work in domestic premises protects against fire and electric shock.

Sub-standard electrical installation work in domestic premises can result in death and serious injury, not to mention the considerable economic – and emotional – cost caused by electrical fires. Every week in the UK, one person dies from an electrical accident and well over a quarter of a million (350,000) are injured every year. Government figures also show that almost half all electrical fires in UK homes – more than 20,000 each year – are caused by electricity.

Part P was established to reduce electrical accidents in the home and the number of ‘cowboy’ electricians undertaking domestic electrical installation work. It was seen as a way to improve levels of competence in those undertaking electrical work and increasing the awareness of a duty of care from both contractors and householders. In this way, current and future residents alike could expect to be protected from electric shock and fire.

With the introduction of Part P, ‘riskier’ electrical work in a home has to be inspected, tested and approved, by a Building Control body or self-certified by a registered competent person. The type of work covered includes new circuits or replacement consumer units and extensions to circuits in kitchens, bathrooms and outdoors.

The proposal to water down or scrap Part P followed comments on the Government’s ‘Your Freedom’ website. Complaints ranged from the lack of proper enforcement and regulations being too costly, bureaucratic and restrictive, to low consumer awareness. All of which, it is claimed, help unregistered electricians to abuse the system.

While we recognise and accept that there are valid criticisms of Part P, we also believe that it needs to be revised, not removed. We want to reduce the complexities of Part P without compromising safety; and an appropriate streamlining of Part P should also help scheme operators in relation to compliance. Part P’s real benefits, which encompass householder protection and consumer care, improved contractor skills and the sustainability of buildings, are too important to be lost in a cull of legislation.

Restrictive Red Tape

Since the announcement of the Part P review the ESC has been working with a range of partners, including industry, consumer bodies and other key stakeholders, to build a consensus on the best approach to responding to the review and to further develop the evidence base. Our intention has been to offer government an informed view to help balance the competing need of the public to be confident in the standard of work being carried out in their homes, with the industry’s desire to avoid restrictive red tape.

Following an ESC convened round table on Part P, a working group was established, from which came the idea for a major survey of registered electrical contractors. The survey found that 85% of registered electricians believe that Part P should be retained – but with improvements. And 90% of respondents also wanted electricians undertaking notifiable work in domestic premises to register as competent persons.

We also funded some independent parliamentary research to determine MPs’ views on Part P. An overwhelming majority – 79 % – of Westminster MPs agreed all electricians carrying out work in domestic premises should be certified and registered with a government-approved competent person scheme.

In September 2011, the ESC submitted its recommendations regarding Part P to the Department for Communities and Local Government (DCLG) Minister, Andrew Stunell. Amongst the evidence presented, the following achievements of Part P were noted:

• Contribution to a 17.5% reduction in fires attributed to mains wiring faults
• Almost 20,000 more electrical contractors are having their competence assessed and samples of their work checked regularly
• Thousands more electricians have attended training courses and gained electrical qualifications than would otherwise have been the case.
• It is easier for householders to identify competent electrical installers

The ESC’s core concern is consumer safety, so maintaining Part P – as the only regulatory framework which covers electrical safety for consumers in their own home – was a fundamental element in our submission. We also suggested that, although the costs associated with self certification by competent persons are considered reasonable and proportionate for both consumers and contractors, at an estimated £11 per notification, the Building Control fees are disproportionate.

This is particularly the case with minor works, where (on average) £200 per certificate is charged. We believe homeowners should be permitted to employ a competent person to inspect, test and certify installation work, as an alternative to inspection by a Building Control body.

In addition, our submission referred to the issue of contractors’ costs – a primary concern for the SMEs which comprise the bulk of electrical contractors. Registration fees and associated expenses (instruments, reference books etc) have been effectively reduced since the launch of Part P, due to an increase in registrations. Fee increases over recent years have been less than inflation, providing an estimated saving of up to 14% in real terms. The cost (based on NICEIC figures) for a typical small business to be registered with an electrical Competent Person Scheme amounts to less than £2 a day.

The government opened a public consultation on Part P in December 2011, which will now run for three months. The outcome of the consultation will be published in June, with any amendments to the regulation being enforced from April 2013.

Someone once said: “Taxation is a subscription to a fair society. Regulation is a subscription to a safe society”. There is no doubt that Part P can be improved but that won’t be achieved by throwing the baby out with the bathwater. A better balance is needed to protect consumers and contractors alike and the ESC is committed to helping the government to get it right.

The ESC has created a petition to raise awareness of, and strengthen the case for, the retention of Part P.

This article first appeared in Building Control & Development Services Magazine 2012. To read the entire publication, click the ebook.

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