Landlord legal obligations

Electrical safety, carbon monoxide detectors and smoke and fire detectors

Changes to Legislation

There have been changes to the law regarding Electrical Installation Condition Reports, Carbon Monoxide Alarms and the installation of smoke and fire detectors in private rented housing.

Issued under sections 13(4A) and 19B(4) of the Housing (Scotland) Act 2006, the Scottish Government has published guidance on mandatory electrical check requirements which came into force in December 2015. The requirements apply to all Scottish privately rented properties covered by the Repairing Standard and will require landlords to have Electrical Safety Inspections carried out at their properties at least every five years. The electrical safety inspection has two separate elements:

  • an Electrical Installation Condition Report (EICR) on the safety of the electrical installations, including a visual inspection of fixtures and fittings, plus a fixed electrical equipment test
  • a Portable Appliance Test (PAT) on portable appliances

From December 2015, the Housing (Scotland) Act 2014 introduced changes in relation to the requirement for provision of carbon monoxide alarms in private rented housing. The 2014 Act introduced an amendment to the Repairing Standard, which applies to all private rented housing. The Repairing Standard will be amended to include the additional requirement that the house has satisfactory provision for giving warning if carbon monoxide is present in a concentration that is hazardous to health.

Section 13(1) of the Housing (Scotland) Act 2006 sets out the criteria that must be met if a house is to comply with the Repairing Standard. One part of the Repairing Standard is that a house should have satisfactory provision for detecting fires and for giving warning in the event of fire or suspected fire.

Find out full details of what is required online.