28 Mar 2025
By Jennifer Davidson, Associate, Real Estate, Gilson Gray
When purchasing or leasing a commercial property in Scotland, it is essential to carry out a full and robust due diligence review and this is an essential step that should never be overlooked. This process not only involves reviewing the title deeds, but also requires a legal advisor to ensure compliance with statutory regulations. The focus of this blog in in relation to Electrical Installation Condition reports (EICR) and the importance of these in a commercial property transaction.
An EICR is an essential aspect of a commercial property purchase or lease in Scotland for a number of reasons including in relation to future costs, health and safety and insurance matters.
One of the of the most important reasons for an EICR is to confirm that the electrical installations within a property meet safety standards. In Scotland, commercial property owners and employers are legally required to ensure that the electrical systems are safe. An EICR highlights any issues such as faulty wiring, outdated electrical systems, or potential fire hazards, helping to prevent accidents or injuries.
In terms of costs, an EICR helps identify any immediate or future electrical issues that could be costly to repair or replace. By reviewing the EICR before purchasing or leasing a commercial property, buyers or tenants can factor in potential repairs or upgrades into their decision-making process and avoid unexpected costs at a later date.
Insurance and Risk Management: Many insurance companies require a valid EICR as a condition of providing insurance for a commercial property. Having an up-to-date and satisfactory report can make it easier to obtain insurance or avoid increased premiums due to safety concerns. If there is no satisfactory EICR in place then the buyer or tenant is likely to face higher premiums or, in some cases, difficulty obtaining adequate coverage and especially if the EICR is stated as unsatisfactory.
It should be noted that, if the EICR identifies significant issues, this can serve as a negotiation tool when purchasing or leasing the property. The buyer or tenant can ask the seller or landlord to either repair the electrical systems or reduce the price or rent to reflect the cost of necessary repairs.
A satisfactory EICR is crucial when purchasing or leasing a commercial property in Scotland because it ensures the property’s electrical systems are safe, compliant, and free from costly issues. It allows for better negotiation, reduces future risks, and ensures that all parties are protected legally and financially.
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