HOUSING ACT 2004
Housing Health & Safety Rating System
Landlords & Managing Agents - Guidance & Useful Links
The following Guidance for Landlords and Property Related Professionals (PDF) has been produced by the Department for Communities and Local Government.
The following Thinking about renting out your home? (PDF). Information has been prepared to help you understand the responsibilities of becoming a private landlord. It is not intended as a comprehensive summary of the relevant legislation and you may need to seek independent legal advice.
Bridgend County Borough Council is participating in a Wales wide Landlord Accreditation Scheme
AN OVERVIEW
Part 1 of the new Act contains provisions which replace the housing fitness regime set out in the Housing Act 1985. The separate Houses in Multiple Occupation (HMO) fitness test is also to be repealed. This is an important reform. The housing fitness standard is based on criteria first introduced 80 years ago and there is wide support for modernisation. The test of fitness and its criteria is replaced with an evidence-based risk assessment procedure, the Housing Health and Safety Rating System (HHSRS). The HHSRS method is prescribed by the Regulations. Statutory guidance, on the assessment system and enforcement, was published on 27 February 2006. Part 1 is to be implemented on 30th June 2006.
HHSRS is a new approach to the assessment of risks to health and safety in residential premises. Local authorities will base enforcement decisions in respect of all residential premises on assessments under HHSRS. This reform will enable local authorities to address more effectively the hazards to health and safety present in the home.
Housing Fitness Standard
The housing fitness standard was introduced by the Local Government and Housing Act 1989, which inserted a new s604 in the Housing Act 1985. A dwelling is unfit if, in the opinion of the local authority, it fails to meet one or more of the requirements set out in paragraphs (a) to (i) of s604(1) and by reason of that failure is not reasonably suitable for occupation. If a local authority identifies a property as unfit it has a duty to take action.
Development of HHSRS
The Government first consulted on changes to the fitness standard in 1998. This established there was broad support for the development of a rating system to replace the fitness standard. After development work by consultants lead by the University of Warwick, HHSRS (Version 1) was published in July 2000. Three further pieces of research were carried out in 2003: An Evaluation of Version 1, The Application of HHSRS in HMOs, and A Review of the Statistical Evidence to Support HHSRS. Taking on board the key findings of this research, HHSRS Version 2 was made available to local authorities in November 2004.
HHSRS: The system of assessment
The purpose of the HHSRS assessment is not to set a standard but to generate objective information in order to determine and inform enforcement decisions. The guidance on inspections and assessments (the Operating Guidance) is largely the guidance contained in version 2, with some cosmetic changes.
HHSRS assesses twenty nine categories of housing hazard, including factors which were not covered or covered inadequately by the housing fitness standard. It provides a rating for each hazard. It does not provide a single rating for the dwelling as a whole or, in the case of multiply occupied dwellings, for the building as a whole. A hazard rating is expressed through a numerical score which falls within a band. There are 10 bands. Scores in Bands A to C are Category 1 hazards. Scores in Bands D to J are Category 2 hazards.
The hazards that can be assessed are those associated with or arising from:
Physiological Requirements |
Protection Against Accidents | |
Damp and mould growth |
Falls associated with baths | |
Excess cold |
Falling on level surfaces | |
Excess heat |
Falling on etc | |
Asbestos (and MMF) |
Falling between levels | |
Biocides |
Electrical hazards | |
Carbon monoxide & fuel combustion products |
Fire | |
Lead |
Flames, hot surfaces | |
Radiation |
Collision and entrapment | |
Uncombusted fuel gas |
Explosions | |
Volatile Organic Compounds |
Position and operability of amenities | |
Structural collapse and failing elements | ||
Psychological Requirements |
Protection Against Infection | |
Crowding and space |
Domestic hygiene, pests and refuse | |
Entry by intruders |
Food safety | |
Lighting |
Personal hygiene, sanitation & drainage | |
Noise |
Water supply for domestic purpose | |
The HHSRS assessment is based on the risk to the potential occupant who is most vulnerable to that hazard. For example, stairs constitute a greater risk to the elderly, so for assessing hazards relating to stairs they are considered the most vulnerable. The very young as well as the elderly are susceptible to low temperatures. A dwelling that is safe for those most vulnerable to a hazard is safe for all.
HHSRS: Enforcement
Action by authorities will be based on a three-stage consideration:
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The hazard rating determined under an HHSRS assessment;The Act contains new enforcement options which are available to local authorities. The choice of the appropriate course of action is for the authority to decide, having regard to the statutory enforcement guidance.
The courses of action available to authorities where they have either a duty or a power to act are to:
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(* not available for Category 2 hazards) |
The HHSRS hazard rating is based on the most vulnerable potential occupant. But authorities will be able to take account of the vulnerability of the actual occupant in deciding the best course of action.
The Act retains the powers available to authorities to act in default (carryout works on behalf of the owner) and prosecute lack of compliance. It also enables them to charge and recover charges for enforcement action.
- Last Updated: 18/11/2009
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