Is it possible to sue a company for falsifying an electrical safety certificate? | LawHive - Solicitors & Lawyers Online
Is it possible to sue a company for falsifying an electrical safety certificate?
Prior to my home being purchased (aug 2020) my surveyor report picked up issues with the fuse board being outdated and in need of replacement. The previous owner commissioned an electrician who came and changed the fuse board & produced an electrical safety check. According to Companies House, the person that did the safety check is the company owner. The address on the certificate and on companies House is, what I believe to be, a residential address. I've recently had some issues spotted by the chap installing my smart meter so employed my own electrician who, upon inspection, believes that the certificate was falsified and my home had been left in an extremely dangerous state. IE upstairs lights not earthed, and the light switches are metal. Extremely high readings within some plug sockets downstairs indicating damage on the circuit etc. If I can get my electrician to provide a statement in support of my claim, how could I progress this? Ideally, I will get my chap to do the work and then send the other company the bill to pay for remedial works given how poor they left my home in. Are there any other avenues for getting this addressed? I imagine HSE won't take it on due to no actual incident but could any other agency assist or legal recourse? Thank you, in advance, for all and any suggestions!

Marie Johnson

18th March 2022

1 upvote

Top Answer
You would need to prove that no one else has touched it from installation to the date your electrician made that assessment.

Admin

18th March 2022

Nq, hse won’t get involved as it is not an incident at a work place. Your own home is not regarded as a work place, regardless of how contractors leave it. You could try to claim on the original electricians public liability, providing you can prove it was him at fault.

Barbara Green

18th March 2022

2 upvotes

Electrician - report the "electrician" to the body which the certificate purports to be from, they take it seriously. You could also report to trading standards. HSE will not be interested. Keep in mind, an Eicr is a report, not a certificate nor is it a legal document. It's also a report on the condition "at time of test", you'd need to prove nothing has been altered in the interim period.

John Twigg

18th March 2022

+1

4 upvotes

Electrician. I’d be careful about going off half cocked. First of all, you need to prove that no work has been carried out in the interim period. Secondly, you need to be able to actually understand an EICR to state it’s wrong. “High readings” are perfectly acceptable if within proscribed limits. Old wiring may be the cause, but may be legal. Thirdly, is the EICR a 100% check of the system? And did it actually pass anyway? Fourthly, if the board has been replaced, there should be an installation certificate, with readings. I’ll be honest. If you had an electrician in to sort this out, he should be advising you on redress. You shouldn’t be on a forum asking advice without all the facts presented. Go back to the electrician you paid to check this, and get his professional advice. Because it’s impossible for anyone to advise on this, without 100% of the facts.

Guadalupe Fote

18th March 2022

2 upvotes

NQ get it fixed as your top priority. I suspect you’ll find it extremely difficult to prove that the unsafe wiring was like that all this time. They will say “My work was perfect when I left it, someone else could have interfered with it in the years since.” You can leave an honest online review of the electrician. This reminds me… always pay for remedial work to be done by YOUR contractor. Your goal is to get the job done right. Never let the seller undertake the work. Their goal is to complete the sale with the least inconvenience/ cost to them.

Matthew Freeman

18th March 2022

1 upvote

NQ but a time served electrician. The only way is to find out if this electrician was registered with a part p body for to carry out domestic & commercial works or has made a building control notification if not registered (legally required). But if the cert was falsified so it's most likely he wasn't registered otherwise the part p body will force him to make good the bodged works at his own cost. Otherwise it's a crime and he can be prosecuted & fined for carrying out dangerous electrical work that risked others. I would suggest to seek the advise from part p bodies such as Niceic or Napit.

John Degeyter

18th March 2022

+1

4 upvotes

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