To fix, or not to fix – that is the question

My electrician told me that I have an electrical fault or damaged wiring. Do I need to fix it?

Yes, and No!

If you are the property owner, then it is entirely up to you as to what you do, or don’t fix.

If you are a business operator (otherwise known as a PCBU), it is mandatory that you rectify ALL safety hazards on your premises under WHS legislation.

If you are a lessor, you have legal requirements to maintain your property under the Residential Tenancy Act.

As a home owner, you are also legally required to maintain your electrical system,
…but it is a bit more complicated.

Your legal requirements

Legally you are required to fix any electrical cable, circuit, or fixture that has become damaged.

Under NSW legislation, all property owners must comply with the Electricity Safety Act. This is a LEGAL obligation, and there is NO flexibility under this legislation. It states clearly that you must maintain your electrical system so that it remains safe at all times, for all residents or guests.

So… who’s going to know if I do, or don’t fix something?

It is my house, surely I can choose what I do, or don’t do?

Who is going to enforce this?

Currently, there is no-one who will check if your wiring is faulty, and there is no-one to enforce repairs.

So why should you care?

Fix or not fix – that is the question

So back to the first question, “Do you need to fix your damaged wiring?”

If you are a PCBU, you have no choice – so don’t even consider “not” fixing a fault. Should someone be injured or killed, you will be prosecuted under WHS legislation.

If you are a Lessor, you have legal obligations to maintain your property so that it is always in a safe condition – you have no choice under the Residential Tenancy Act. Should someone be injured or killed, you will likely be prosecuted.

… For home owners it is a bit harder… and it really comes down you!

You have legal obligations to fix your faulty electrical system under the Electricity Safety Act. … but there is no-one to enforce it!

What you need to ask yourself is this:

Do you want to look after your property, and the safety and welfare of your family and your guests?

… If you don’t really care about that, then you should consider the following.

If someone were injured or killed on your property, you could be held legally responsible if it can be demonstrated that you have failed to maintain your property.

Still doesn’t concern you?

You could feasibly be prosecuted should someone be injured, or end up in gaol for manslaughter if someone were to die!

Have I got your attention yet?

Should your house burn down and your insurance company could demonstrate that you did not maintain your property, you might not be covered for the damage that occurs. Check the PDS from your insurance company!

Integrity

So you don’t trust what that electrician has told you.

Get them to show you in the Wiring Rules where it says there is a problem.

… then …

If in doubt about the electrician’s integrity, get a second opinion!

As an electrician, I am required to report to you anything that I see that could be dangerous or pose a safety hazard – and I will.

Whether you fix it is entirely up to you.

But you should at least consider the consequences, now that you know them.

Fix or not fix – risk or no risk – dead or alive – It is your choice!

Bye for now,

Greg.