Tower Hamlets Leaseholder's Association

Energywatch Opinion – Responsibility of works

This document consists of the opinion of energywatch and does not represent a legal opinion in any form. No action should be taken based on this document and we would advise any party to seek independent legal advice.

Energywatch is aware of the dispute between local London authorities and EDF Distribution about who is responsible for any works on laterals and risers involving an electricity supply. Our understanding is that EDF believe the local authorities should pay the costs and carry out the work whilst the authorities say EDF should be responsible.

The energywatch position is that it is our belief that:
• the DNO is responsible up to the service cut out - and this applies to both metered and unmetered supplies alike. But, if anything different from the above exists at any given location - in respect of responsibility - then this would have to be set out in a separate formal agreement between the parties involved. If such an agreement does not exist, then the DNO being responsible up to the service cut out, will remain liable.
• the service cut out is normally at the meter so where consumers have individual meters in or around their flats, then EDF would be considered responsible for any work up to the meter (which would be the fused service cut-out). If another arrangement has been agreed there must be a formal agreement in place to which the DNO can refer to show the contrary. There are many industry documents which confirm this view and we are not aware of any documents which support the view of EDF.
• another factor which needs to be considered is whether the works are alterations or improvements to meet the requirements of current legislation. If the works are alterations due to general improvements, the DNO would still be responsible for the work but this may be chargeable to the property owners. However, if the works are to meet current legislation specific to the electrical supply, then this would not be chargeable to the owners. This cost should be factored into the DNO’s investment plans and should be considered under the DNO’s asset replacement plan for equipment coming to the end of its serviceable life.
• with regard to the ongoing dispute between the authorities and EDF, it would be preferable not to charge leaseholders/tenants for any ongoing work until the dispute is resolved. Authorities should make consumers aware that there maybe a charge, explain how much the charges could be and when they hope a decision on the matter is expected.
• there is also the issue about whether or not the work being done by the authorities is in fact legal. Whilst the authorities may have a legal obligation to ensure the work is completed, we do not consider it correct for the work to be done by anyone else other than the DNO. So even though the authorities have an obligation to ensure the risers and laterals are replaced, they should not breach other statutory requirements that provide that only the DNO can carry out the work.