Housing Health and Safety Rating System

Introduction

Part 1 of the Housing Act replaces the existing housing fitness standard contained in the Housing Act 1985 with the Housing Health and Safety Rating System (HHSRS).

It also adapts and extends the powers of enforcement currently available to Local Housing Authorities (LHA) to tackle poor housing conditions.

What does this mean?

The current housing fitness standard was introduced by the Local Government and 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 section 604 (1) and by reason of that failure is not reasonably suitable for occupation.

The requirements constitute the minimum deemed necessary for a dwelling house or a House of Multiple Occupation (HMO) to be fit for human habitation.

If a local authority identifies a property as unfit it has a duty to take action. Under part XI of the 1985 Act local Authorities also have the powers to require works to render HMO's fit for the number of occupants.

How the HHSRS System will work?

Local authorities will use the HHSRS when carrying out an inspection of a property. The HHSRS system accesses twenty-nine categories of housing hazards.

The 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 accessing hazards relating to stairs they are considered the most vulnerable group. The very young as well as the elderly are susceptible to low temperatures. A dwelling that is safe for these most vulnerable to a hazard is safe for all.

A hazard rating is expressed through a numerical score that falls within a band.  There are 10 bands (being A to J):

Scores in Band A to C are Category 1 hazards.
Scores in Band D to J are Category 2 hazards.

Under section 5, local authorities will have a general duty to take action to deal with Category 1 hazards.

Under section 7, local authorities will have discretionary powers to take action to deal with Category 2 hazards.

The Courses of Action available to authorities where they have either a duty or a power to act are to:

• Serve an improvement notice requiring remedial works
• Make a prohibition order, which closes the whole or part of a dwelling or restricts the number of permitted occupants
• Serve a hazard awareness notice
• Take emergency remedial action
• Make a emergency prohibition Order
• Make a demolition Order
• Declare a clearance area;

Action by local authorities will be based on a three-stage Consideration:

(a) the hazard rating determined under HHSRS

(b) whether the authority has a power to act, determined by the presence of a hazard above or below a threshold prescribed by Regulations (Category 1 and Category 2 hazards); and

(c) the authority's judgment as to the most appropriate course of action to deal with the hazard.

For advice and more information phone The Housing Standards Team on: (01823) 356341 or e-mail housing.standards@tauntondeane.gov.uk