Who Is Responsible for EICR on Commercial Property
Learn who is responsible for EICR on commercial property, from landlords to tenants and employers, with guidance on UK safety and legal duties.
Electrical safety is a fundamental part of running any commercial building in the UK. From offices and retail spaces to warehouses and industrial units, every property relies on a safe and reliable electrical system to function. Over time, wear, damage, or poor-quality work can compromise an installation, creating risks such as fire or electric shock. To prevent these hazards, inspections are carried out in the form of an Electrical Installation Condition Report, often referred to as an EICR. One of the most common questions among business owners and property managers is who carries the responsibility for arranging and maintaining an EICR on commercial property.
Understanding What an EICR Is
An EICR, or Electrical Installation Condition Report, is a professional assessment of the safety and compliance of a building’s fixed electrical systems. It involves visual checks and detailed testing of circuits, consumer units, wiring, and protective devices. The electrician records their findings in a formal report, highlighting whether the installation is satisfactory for continued use or whether remedial work is required. While this inspection is important for homes, it is even more critical in commercial environments where large numbers of people may be present each day and where equipment demands can be higher.
The Legal Context for Commercial Properties
In the UK, commercial property owners and managers are subject to several pieces of legislation and regulation that relate to electrical safety. The Electricity at Work Regulations require that all electrical systems are maintained in a condition that prevents danger. Health and safety law places a duty of care on employers and those in control of premises to protect staff, customers, and visitors. While the law does not specifically mention an EICR by name, it is widely recognised as the accepted method of proving compliance with these duties. For landlords renting out commercial premises, additional obligations apply under tenancy agreements and business tenancy legislation, further strengthening the need for regular inspections.
Who Holds Responsibility
The responsibility for ensuring an EICR is carried out on commercial property typically rests with the duty holder. In practice, this can mean the property owner, the landlord, or the employer occupying the premises depending on the circumstances. Where a landlord leases out an entire building, they are usually responsible for the electrical safety of the installation and must ensure that inspections are carried out. In cases where a tenant occupies the space under a commercial lease, the terms of the lease agreement will often specify who must arrange the inspection. Employers also have a duty under health and safety law to provide a safe working environment, so if they are in control of the electrical installation, they will need to ensure that an EICR is in place and that any remedial work is completed.
Shared and Multi-Occupancy Buildings
In shared office blocks, retail centres, or industrial parks, responsibility can be more complex. The landlord or managing agent is normally responsible for common areas such as corridors, lifts, or communal lighting, while individual tenants are responsible for the electrical installations within their demised areas. In these situations, each party must take responsibility for their own part of the building, ensuring that all areas are inspected and certified safe. Clear terms within lease agreements are essential to avoid confusion about who must organise and pay for the inspections.
Frequency of Commercial EICRs
The frequency of inspection is another key consideration. For most commercial properties, the recommended maximum interval between EICRs is five years. However, certain environments with higher risks, such as factories, gyms, or venues with large public use, may require more frequent inspections. An electrician carrying out the inspection will advise on the appropriate timescale based on the condition of the installation and the type of usage. Keeping up to date with these intervals is part of the responsibility of the duty holder, as allowing a report to expire could leave them in breach of regulations.
Consequences of Failing to Comply
Failure to ensure a valid EICR is in place on a commercial property can have serious consequences. If an accident occurs and it is found that the installation had not been inspected or maintained properly, the responsible party could face prosecution under health and safety law. Insurance policies may also be invalidated if there is no current evidence of electrical safety. Beyond the legal and financial risks, the safety of employees, tenants, and visitors is at stake. An up-to-date EICR provides reassurance that the electrical system is safe and compliant.
Ensuring Compliance in Practice
The best way to manage responsibility is to ensure that agreements are clear from the outset. Landlords and tenants should check lease documents to confirm who is responsible for arranging the EICR. Employers should make electrical safety a priority within their health and safety management. In all cases, a competent and qualified electrician registered with an approved body should be appointed to carry out the inspection. Keeping copies of reports and evidence of remedial work is also essential for proving compliance if questioned by regulators or insurers.
Conclusion
Responsibility for an EICR on commercial property rests with the party who controls or manages the electrical installation, which can be the landlord, the tenant, or the employer depending on the circumstances. In shared spaces, each party has obligations for the areas they are responsible for. Ensuring inspections are carried out within the recommended timeframes, acting on remedial work, and keeping clear records is vital. An EICR not only helps to demonstrate compliance with UK law but also protects the safety of everyone who uses the building.