The Renting Homes (Fitness for Human Habitation) (Wales) (Amendment) Regulations 2022 No. 1076 (W. 227)


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Statutory Instruments made by the National Assembly for Wales


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This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

Welsh Statutory Instruments

2022 No. 1076 (W. 227)

Housing, Wales

The Renting Homes (Fitness for Human Habitation) (Wales) (Amendment) Regulations 2022

Made

24 October 2022

Laid before Senedd Cymru

25 October 2022

Coming into force

30 November 2022

The Welsh Ministers make the following Regulations in exercise of the powers conferred on them by sections 94(3) and 256(1) of the Renting Homes (Wales) Act 2016( 1).

Title and commencement

1.—(1) The title of these Regulations is the Renting Homes (Fitness for Human Habitation) (Wales) (Amendment) Regulations 2022.

(2) These Regulations come into force on 30 November 2022.

Amendment to the Renting Homes (Fitness for Human Habitation) (Wales) Regulations 2022

2.—(1) The Renting Homes (Fitness for Human Habitation) (Wales) Regulations 2022( 2) are amended as follows.

(2) In regulation 6 (electrical safety)—

(a) in paragraph (3), in the words before paragraph (a), for “7 days”, substitute “14 days”;

(b) in paragraph (4), for “7 days”, substitute “14 days”;

(c) in paragraph (5), for “7 days”, substitute “14 days”;

(d) in paragraph (8), in the definition of “electrical safety standards”, for “BS 7671:2018+A1:2020”, substitute “BS 7671:2018+A2:2022( 3)”.

(3) In regulation 7 (application to converted contracts), in paragraph (5), in the substituted paragraph (4), for “7 days”, substitute “14 days”.

Julie James

Minister for Climate Change, one of the Welsh Ministers

24 October 2022

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Renting Homes (Fitness for Human Habitation) (Wales) Regulations 2022 ( S.I. 2022/6 (W. 4)) (“ the 2022 Regulations”) which prescribe the matters and circumstances to which regard must be had when determining whether a dwelling is fit for human habitation.

Regulation 2(2)(a) of these Regulations amends regulation 6(3) of the 2022 Regulations so that the landlord has 14 days, starting with the occupation date, to give the contract-holder a copy of the most recent electrical condition report and written confirmation of any investigatory or remedial work carried out on or in relation to an electrical service installation in the dwelling after the electrical safety inspection to which the electrical condition report relates.

Regulation 2(2)(b) of these Regulations amends regulation 6(4) of the 2022 Regulations so that, where an electrical safety inspection is carried out after the occupation date, the landlord has 14 days, starting with the day on which that electrical safety inspection was completed, to give the contract-holder a copy of the electrical condition report relating to that inspection.

Regulation 2(2)(c) of these Regulations amends regulation 6(5) of the 2022 Regulations so that, where investigatory or remedial work is carried out on or in relation to an electrical service installation in the dwelling after the occupation date, the landlord must give the contract-holder written confirmation of that work within 14 days starting with the day on which the landlord received the confirmation.

Regulation 6(8) of the 2022 Regulations includes a definition of “electrical safety standards” which makes reference to the standards for electrical service installations set out in the eighteenth edition of the Wiring Regulations, published by the Institution of Engineering and Technology and the British Standards Institution as BS 7671:2018+A1:2020. Regulation 2(2)(d) of these Regulations update that reference to the most recent version published in 2022 by the British Standards Institution.

Regulation 7 of the 2022 Regulations deals with the application of those Regulations in relation to converted contracts and paragraph (5) of that regulation substitutes regulation 6(4) of the 2022 Regulations in relation to those contracts. Regulation 2(3) of these Regulations amends that substituted regulation 6(4) so that where an electrical safety inspection is carried out after the contract-holder has been given a report under regulation 6(3)(a) (as modified by regulation 7(4) of the 2022 Regulations), the landlord has 14 days, starting with the day on which that electrical safety inspection was completed, to give the contract-holder a copy of the electrical condition report relating to that inspection.

The Welsh Ministers’ Code of Practice on the carrying out of Regulatory Impact Assessments was considered in relation to these Regulations. As a result, it was not considered necessary to carry out a regulatory impact assessment as to the likely costs and benefits of complying with these Regulations.

( 1)

2016 anaw 1.

( 3)

BS 7671:2018 (ISBN-13: 978-1-78561-170-4) published in July 2018, as corrected by a corrigendum dated December 2018; amended by Amendment 1:2020 issued on 1st February 2020 (ISBN-13: 978-1-83953-193-4); corrected by a corrigendum to BS 7671:2018+A1:2020 dated May 2020; and amended by Amendment 2 to BS 7671:2018+A2:2022. Copies can be obtained from the Institution of Engineering and Technology, Michael Faraday House, Six Hill Way, Stevenage, SG1 2AY.


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