Legal Responsibilities After a Failed EICR: What Duty Holders Must Do

A failed EICR is not just a technical issue. It is a legal and operational responsibility that sits squarely with the duty holder.

For facilities managers, estates teams, landlords, and responsible persons, understanding what a failed Electrical Installation Condition Report means is essential. Failing to act appropriately after an unsatisfactory EICR can expose organisations to enforcement action, invalid insurance, and serious safety risks.

This article explains the legal responsibilities that follow a failed EICR, what action is required, and how EICR remedial works should be managed to maintain compliance.

What Does a Failed EICR Mean?

An EICR is deemed unsatisfactory when it contains one or more of the following codes:

• C1: Danger present

• C2: Potentially dangerous

• FI: Further investigation required

A failed EICR confirms that the electrical installation does not currently meet the required safety standard.

At this point, the duty holder is formally aware of risk. From a legal perspective, inaction is no longer defensible.

Who Holds Legal Responsibility After a Failed EICR?

Responsibility does not sit with the contractor who carried out the inspection. It sits with the person or organisation in control of the premises.

This may include:

• Employers

• Landlords

• Building owners

• Managing agents

• Facilities managers acting on behalf of duty holders

In multi-occupied or complex buildings, responsibility may be shared, but accountability must always be clearly defined.

Key Legislation That Applies After a Failed EICR

Several pieces of UK legislation apply once electrical risk has been identified.

 Electricity at Work Regulations 1989

 These regulations require that electrical systems are maintained so as to prevent danger.

A failed EICR demonstrates that this requirement has not been met.

Once defects are identified, remedial action is required to restore compliance.

 Health and Safety at Work Act 1974

This Act places a duty on employers and those in control of premises to ensure, so far as reasonably practicable, the health and safety of employees and others.

Electrical defects identified in an EICR directly relate to this duty.

Housing and Landlord Responsibilities

For landlords, particularly in residential or mixed-use buildings, a failed EICR may breach legal requirements to provide a safe installation.

Delays in addressing remedial works can result in enforcement notices and penalties.

What Action Is Required After a Failed EICR?

Once an EICR is unsatisfactory, the duty holder must take reasonable steps to remove or reduce the risk.

This normally includes:

• Reviewing the report in detail

• Understanding which observations require immediate action

• Planning and completing remedial works

• Verifying and documenting repairs

Doing nothing is not an option.

Timescales: How Quickly Must You Act?

There is no single statutory timeframe that applies to all defects. Instead, action must be taken within a reasonable period, based on risk.

In practice:

• Immediate dangers must be addressed straight away

• Urgent defects require prompt scheduling

• Lower-risk issues still require planned resolution

Any delay must be justified and supported by interim controls where appropriate.

Can You Continue Using the Installation After a Failed EICR?

This depends on the nature of the defects.

Where C1 observations exist, continued use may be unsafe and systems may need to be isolated.

For C2 or FI observations, limited continued use may be possible while remedial works are planned, but this should be based on risk assessment and professional advice.

Clear documentation is essential.

The Role of EICR Remedial Works in Legal Compliance

EICR remedial works are the mechanism by which legal compliance is restored.

They are not cosmetic repairs. They are corrective actions that:

• Remove identified danger

• Reduce future risk

• Demonstrate proactive management

Once completed, remedial works must be verified and recorded.

Certification and Evidence After Remedial Works

After remedial works are completed, duty holders must be able to demonstrate compliance.

This may include:

• Minor electrical installation works certificates

• Updated EICRs

• Test results

• Photographic evidence

Without certification, compliance cannot be proven.

What Happens If You Ignore a Failed EICR?

Failure to act after a failed EICR can lead to:

• Enforcement action by regulators

• Prohibition or improvement notices

• Invalidated insurance cover

• Increased liability following incidents

• Reputational damage

In the event of an incident, a failed EICR with no remedial action is strong evidence of negligence.

Managing Responsibility in Complex or Occupied Buildings

In large or multi-occupied buildings, managing electrical compliance can be challenging.

Good practice includes:

• Clear allocation of responsibility

• Coordinated remedial planning

• Communication with occupants

• Phased delivery of works

A competent contractor will support this process, not complicate it.

How Protest ES Ltd Supports Duty Holders After Failed EICRs

Protest ES Ltd supports clients through the full compliance journey, from inspection to resolution.

Our services include:

• Fixed wire testing (EICR)

• Electrical remedial repairs

• Thermal imaging surveys to identify hidden risks

• Clear reporting and certification

• Ongoing compliance support

Our focus is on practical, defensible compliance that protects people and organisations.

Key Takeaways for Duty Holders

• A failed EICR creates immediate legal responsibility

• Duty holders must act within a reasonable timeframe

• Remedial works are a legal requirement, not optional

• Documentation and certification are essential

• Ignoring defects increases risk and liability

Managing EICR failures correctly is a core part of responsible building management.