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Electrical

Was the electrician duty bound to give the electrical certificate to the builder ?

A builder started building a 2 bed room extension and hired an electrician and a plumber to help. All work was to meet building regulations. The builder left without completing the job for a bigger project else where. It was a 6 -7 week job but he left after about 12 weeks. We asked him to come back and complete the job or take a reasonable amount in exchange for the electrical certificate. The electrician gave the certificate to the builder instead of me. The builder refused to come back but wanted more money for the certificate. It was the builder who broke the contract by not completing the work and the poor quality of work.
Its now about 20 weeks from start of the job, so we got someone else to complete most of the work. We still need the electrical certificate for building regulations control. Should the electrician have given the certificate to us rather than the builder ? How can I get a copy of the certificate ?

9 Answers from MyBuilder Electricians

Best Answer

The electrician is duty bound to give the certificate to the person ordering the work to be done, so if his contract was with the builder then he has fulfilled his obligations.
If you personally contracted the electrician - and paid him - then he must give the certificate to you.

From the sound of it the electrician was acting as a sub-contractor to the builder and so does not have a legal responsibility to give you the certificate.

If you can contact the electrician you may be able to convince him to give you a duplicate, otherwise you will probably have to hire another electrician to carry out an EICR (Electrical Installation Condition Report) of your whole property in order to get a clean bill of health for the electrical extension.

Check with the local Building Control to see if they will accept an EICR instead of the normal certificate - they usually will do so.

Make sure you hire a registered electrician to do the EICR.

2014-07-14T09:50:02+01:00

Answered 14th Jul 2014

Sorry to hear this, but very very common! Why oh why do people use builders! ALWAYS contract an electrician directly and NEVER hire a builder to do the whole job as it virtually always ends in trouble.

Unfortunately the law requires that the electrical work is notified by the electrician that installed it within 14 days. After which, if its un-notified, you as the householder become liable for the failure to comply with the building regulations and as such leave yourself liable to a £5000 fine.

More information is required in this case, but if the electrician has been paid for his work, then in reality the Electrical Installation Certificate should have been issued to you and he (the electrician) should have notified the work online to building control. The fact that now after 20 weeks, you have not received the Part P building regulation certificate, suggests that the job was never notified to building control (so technically you are in breach of the regulations already). In addition it may transpire that the electrician that the builder hired is not registered on the Electrical Competent Persons register and may well have been working illegally. In which case its either rip all the wiring out and have it re-done by a qualified and registered electrician or go through the lengthy process of paying for a late Part P building regulation and risk being fined £5000 by building control.

The best course of action would be to seek out a solicitor and get a letter issued stating that you wish to take the matter to small claims court, similarly report the builder to local trading standards, as getting a copy of the certificate (if one exists) its likely to prove very difficult if not impossible.

2014-07-14T09:50:02+01:00

Answered 14th Jul 2014

Firstly, you should have hired an electrician who is registered with a governing body eg napit or Niceic.

If there were registered then they are duty bound to test your installation and give you the correct certification.

The big problem you have now, is that if they haven't given you a certificate then you cant get your building regs.

Under new legislation you can now employ an electrician to compile a test and issue you a certificate which is good for building regs.

Hope this helps.

2014-07-14T09:50:02+01:00

Answered 14th Jul 2014

the electrician was contracted by the builder so the certificate would go to him (he paid for the job). having said that, you have paid money for the job and the builder left the job to suit him, trouble is you may have difficulty in getting it. it may be easier to pay for the certificate (depending on how much he is asking for it), regards Terry.

2014-07-14T09:50:02+01:00

Answered 14th Jul 2014

The compliance certificate must be provided to the consumer within 30 days of installation. The electrician is required to notify the work within 21 days for this to happen. The installation certificate is given by the electrician to the person who commissioned him/her.
This is not an opinion just the facts and I did double check on member log in NAPIT to make sure.

2014-07-15T11:05:02+01:00

Answered 15th Jul 2014

In my opinion the builder was the electricians client so the builder would be given the certificate upon completion or when fully paid.

The council should have been notified under Part P regulations (ie, the electrician should have filled a form online to notify the council), so you should be able to get a copy of this without too much hassle, the certificate on the other may be an issue. Give the electrician a call and speak to them directly - it may turn out that the builder hasn't paid the electrician and that's why there is no certificate.

2014-07-14T09:50:02+01:00

Answered 14th Jul 2014

I am led to believe the test certificate should stay with the installation, and be given prior to being switched on, the part p certificate is lodged with the council post and within 21 days of completion, the legal onus is sadly with the customer to make sure this is done, I would try and contact the electrician to see if he will complete the installation, he may have already done the part p if so this would of been logged with the council, I think withholding a certificate for payment is illegal, I would contact the council and try and find out, a, if its been part p and b, who did it, and go from there

2014-07-14T09:50:02+01:00

Answered 14th Jul 2014

Note to ESS. Plenty of us builders have great working relationships with electricians and do not entertain the kind of circus that has been described. In fact, plenty of electricians survive on their builder contacts. I don't see THEM complaining or trying to go "direct" ???

2014-07-23T09:55:02+01:00

Answered 23rd Jul 2014

If the builder contracted the electrical work then the certificate has to be given to the person ordering the work.

The builder then has a legal obligation to ensure that the installation details is part p cert for building control and the installation certificate and test results are passed on at handover or at least a copy.

Sadly it is the homeowners responsibility to ensure that building regs have been adhered to!!!
This is bonkers I know but that’s how it is.

2019-01-19T19:55:01+00:00

Answered 19th Jan 2019

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