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New fire-rated downlights in bathrooms - regulations for existing vs replacement

Hi,
I have a situation where my neighbour's bathroom is directly over mine with only joists and rhinoboard skimmed & painted ceiling between us. I have for the past 7 years had ordinary recessed sealed downlights in my bathroom ceiling.

Recently (about a month ago) and for the third time, she flooded her bath. The third time, it literally rained water from my ceiling and through the downlights, causing two downlights to shift and one lamp to pop out with loose wiring.

1. What type of damage to the fittings can this cause - or is it a matter of simply replacing with new lamps. How can I enforce her to get an electrician's report

2. My question relates to the new regulations. As a home-owner/landlord (property is rented), am I automatically responsible for replacing existing downlights to comply with new 2014 regs, or does this only pertain to renovations, retrofits or replacements? ie. if there was no damage to the ceiling, would my existing downlights be okay?

The neighbour thinks that it should be at my cost to replace the fittings and lamps to comply with new regs, as I would be liable for this anyway. Whereas my logic says that since two are damaged, and i can no longer refit non-compliant parts (or can I refit what was there before?), she must pay for replacement of all 4 - and larger cut outs are now necessary

I would assume she is accountable for the following:
calling out an electrician to write a report and assess whether just the lamps need replacing OR rewiring.
replacing all 4 downlights with the new fire-rated ones as per new regulations
redecoration to the ceiling

Is this a case for insurance assessor or should I call out an electrician - it will be difficult to get her to reimburse me. Thank you.

2 Answers from MyBuilder Electricians

Good evening,

With regards to your problem I take it you have landlords insurance as the property is rented. It sounds like you have the neighbour from hell so my advice would be go through the insurance companies as she isnt willing to sort this out between yourselves.

I always fit IP rated fittings in bathrooms but this doesn't stop water ingress from above, which is the problem you are having.

Any damaged caused by flooding above is down to your neighbour and she is liable for any damage caused to your property and the insurance should be able to sort this out pretty quickly for you.

2015-05-26T11:50:02+01:00

Answered 26th May 2015

You need to fit ip rated and fire rated as far as whose responsible I would say has to be her

2015-05-27T17:35:02+01:00

Answered 27th May 2015

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