The Housing Health and Safety Rating System (England) Regulations 2005
Part 1 of the Housing Act 2004 (the Act) introduces the Housing Health and Safety Rating System (HHSRS), which came into force on 6th April 2006. It is an evidence-based system for assessing housing conditions. The HHSRS provides an analysis of how hazardous a property is through assessment of 29 potential hazards found in housing. Each hazard is given a score which will fall into one of 10 bands from band A to band J. Scores that fall into band A indicate a serious hazard whereas scores in band J indicate that the hazard is much less severe. Where there is no hazard, a score will not be recorded.
Scores in bands A to C are classed as category 1 hazards and the local authority is obliged to take action. Scores in bands D to J are category 2 hazards and the local authority can use discretion whether to take action. The score is based on the risk to the potential occupier or visitor who is most vulnerable to that particular hazard. For example, the elderly are most vulnerable to hazards relating to stairs. A home that is safe for those most vulnerable to that particular hazard is safe for all.
Where such hazards do exist the local authority is able to take enforcement action, such as serving a hazard awareness notice; serving an improvement notice which requires work to be undertaken to remove or reduce the hazard; making a prohibition order which may restrict the use of all or part of the dwelling; or take action themselves where they consider the hazard needs to be dealt with as a matter of emergency. Whether the local authority must or may take enforcement action will depend on the seriousness of the hazard.
Schedule 1: Profiles of The 29 Hazards
1. Damp and mould growth
Threats to health associated with an increased presence of house dust mites and mould or fungal growths resulting from dampness and/or high humidity. It includes threats to mental health and social well-being which may be caused by living with the presence of damp, damp staining and/or mould growth. Lack of adequate ventilation contributes to the increase in dust mites and higher relative humidity.
2. Excess cold
Threats to health from excessively cold indoor temperatures. A healthy indoor temperature is around 21c, although cold is not generally perceived until the temperature drops below 18c.
3. Excess heat
Threats from excessively high indoor air temperatures. Where temperatures exceed 25c, mortality increases and there is an increased risk of strokes.
4. Asbestos and MMF
Exposure to asbestos fibres or manufactured mineral fibres.
5. Biocides
Threats to health from those chemicals used to treat timber and mould growth in properties. While biocides include insecticides and rodenticides to control pest infestations (e.g. cockroaches or rats and mice), this is not considered for the purposes of the HHSRS.
6. Carbon monoxide and fuel combustion products
Hazards resulting from the presence of excess levels in the atmosphere within the property of:
- a) carbon monoxide
- b) nitrogen dioxide
- c) sulphur dioxide and smoke
7. Lead
Threats to health from the ingestion of lead from paint and water pipes. Poisoning from lead water pipes is not a particular problem in hard water areas. Check old paint that may be lead based and accessible to children.
8. Radiation
Threats to health from radon gas and its daughters. Radon gas is primarily airborne, but it can also be found in water.
9. Uncombusted fuel gas
Threat of asphyxiation resulting from the escape of fuel gas into the atmosphere within a property. Check gas or oil fired appliances and heaters. Lack of maintenance and a poor seal between appliance and flue are common. Check possible obstruction of the flue or chimney and ensure the flue discharge is not within one metre of a window that can open.
10. Volatile organic compounds
VOCs are a diverse group of organic chemicals which include formaldehyde. These are gaseous at room temperature, and are found in a wide variety of materials in the home.
11. Crowding and space
This covers hazards associated with lack of space within the property for living, sleeping and normal family/household life. There should be adequate space for occupants to live and have privacy. There should be adequate space for sleeping, living, recreation and eating.
12. Entry by intruders
This covers difficulties in keeping a property secure against unauthorised entry and the maintenance of defensible space. Good quality door and window locks should be provided to stop intruders.
13. Lighting
Threats to physical and mental health associated with inadequate natural and/or artificial light. It includes the psychological effect associated with the view from the property through glazing. Adequate light should be provided within the room sufficient for the purpose to which the room is being used and to avoid accidents. Psychologically it is important to have sufficient daylight in the room.
14. Noise
Threats to physical and mental health resulting from exposure to noise inside the property or within its boundary.
15. Domestic hygiene, pests and refuse
Domestic hygiene, pests and refuse
This category covers hazards which can result from:
- a) poor design, layout and construction such that the property cannot be readily kept clean and hygienic;
- b) access into, and harbourage within the property for pests; and
- c) inadequate and unhygienic provision for storing and disposal of household waste.
16. Food safety
Threats of infection resulting from inadequacies in provision and facilities for the storage, preparation and cooking of food. There must be adequate work surfaces for food preparation, sufficient storage capacity for storing food and cooking utensils, and the condition of surfaces should be checked. Hotand cold water must be provided.
17. Personal hygiene, sanitation and drainage
Threats of infection associated with personal hygiene, including personal washing and clothes washing facilities, sanitation and drainage. It does not include problems with pests associated with defective drainage facilities. Check that there are adequate bath or shower facilities and washbasins, these should be clean and capable of being kept clean. Hot and cold water must be provided. There should be adequate facilities for occupants to keep clean and wash and dry their clothes.
18. Water supply
The quality and adequacy of the supply of water within the property for drinking and domestic purposes such as cooking, washing, cleaning and sanitation. It also includes threats to health from contamination by bacteria, protozoa, parasites, viruses, and chemical pollutants. (Contamination by radon and lead are dealt with separately.) The quality of water supplied from public mains is outside the HHSRS assessment and is subject to separate controls.
19. Falls associated with baths etc
Falls associated with toilets, baths, showers or other washing facilities. The bath should be slip resistant. Handles should be provided. There should be adequate drying space outside the bath or shower.
20. Falling on level surfaces etc
Falls associated with trip steps, thresholds or ramps, where the change in level is less than 300mm. Ensure paths and floor coverings are in good condition. Any change in floor levels must be clearly defined and the area well lit.
21. Falling on stairs etc
Falls associated with stairs, steps and ramps where the change in level is greater than 300mm. It includes falls associated with:
- a) internal stairs or ramps within the property;
- b) external steps or ramps within the grounds of the property;
- c) internal common stairs or ramps within the building containing the property and giving access to the property, and those to shared facilities or means of escape in case of fire; and
- d) external steps or ramps within the grounds of the building containing the property and giving access to the property, and those to shared facilities or means of escape in case of fire.
22. Falling between levels
Falls from one level to another, inside or outside a property, where the difference in levels is more than 300mm. It includes falls out of windows, falls from balconies or landings, falls from accessible roofs, into basement wells, and over garden retaining walls. It does not include falls associated with stairs, steps or ramps. Nor does it include falls from furniture or ladders.
23. Electrical hazards
Hazards from shock and burns resulting from exposure to electricity, including lightning strikes. It does not include risks associated with fire caused by deficiencies to the electrical installations, such as ignition of material by a short-circuit.
24. Fire
Threats from exposure to uncontrolled fire and smoke at a property. It also includes injuries caused by clothing catching alight from an uncontrolled fire or flame.
25. Flames, hot surfaces etc
Threats of:
- a) burns – injuries caused by contact with a hot flame or fire, and contact with hot objects or hot non-water based liquids;
- b) scalds – injuries caused by contact with hot liquids and vapours.
26. Collision and entrapment
Risks of physical injury from:
- a) trapping body parts in architectural features, such as trapping limbs or fingers in doors or windows; and
- b) striking or colliding with objects such as architectural glazing, windows, doors, low ceilings and walls.
27. Explosions
Threat from the blast of an explosion, from debris generated by the blast, and from the partial or total collapse of a building as the result of an explosion.
28. Position and operability of amenities etc
Threats of physical strain associated with functional space and other features at the property..
29. Structural collapse and falling elements
Threat of whole property collapse, or of an element or part of the fabric being displaced or falling because of inadequate fixing, disrepair, or as a result of adverse weather conditions. Structural failure may occur internally or externally within the property's boundary, threatening occupants, or externally putting at risk members of the public..
Schedule 2: Classes of Harm
The LHA shall assess the likelihood during the period of 12 months beginning with the date of the assessment of a relevant occupier suffering any harm as a result of a hazard identified in Schedule 1. The LHA shall assess which of the four classes of harm (set out in this Schedule) a relevant occupier is most likely to suffer during the period mentioned and assess the possibility of each of the other classes of harm occurring as a result of that hazard. This information combined will help determine the level of seriousness of the hazard and what enforcement action is required if any.Class I
1. A Class I harm is such extreme harm as is reasonably foreseeable as a result of the hazard in question, including —
- death from any cause;
- lung cancer;
- mesothelioma and other malignant tumours;
- permanent paralysis below the neck;
- regular severe pneumonia;
- permanent loss of consciousness;
- 80% burn injuries.
Class II
2. A Class II harm is such severe harm as is reasonably foreseeable as a result of the hazard in question, including —
- cardio-respiratory disease;
- asthma;
- non-malignant respiratory diseases;
- lead poisoning;
- anaphylactic shock;
- cryptosporidiosis;
- legionnaires disease;
- myocardial infarction;
- mild stroke;
- chronic confusion;
- regular severe fever;
- loss of a hand or foot;
- serious fractures;
- serious burns;
- loss of consciousness for days.
Class III
3. A Class III harm is such serious harm as is reasonably foreseeable as a result of the hazard in question, including —
- eye disorders;
- rhinitis;
- sleep disturbance;
- neuropsychological impairment;
- sick building syndrome;
- regular and persistent dermatitis, including contact dermatitis;
- allergy;
- myocardial infarction;
- gastro-enteritis;
- diarrhoea;
- vomiting;
- chronic severe stress;
- mild heart attack;
- malignant but treatable skin cancer;
- loss of a finger;
- fractured skull and severe concussion;
- serious puncture wounds to head or body;
- severe burns to hands;
- serious strain or sprain injuries;
- regular and severe migraine.
Class IV
4. A Class IV harm is such moderate harm as is reasonably foreseeable as a result of the hazard in question, including —
- pleural plaques;
- occasional severe discomfort;
- benign tumours;
- occasional mild pneumonia;
- broken finger;
- slight concussion;
- moderate cuts to face or body;
- severe bruising to body;
- regular serious coughs or colds.
Enforcement Action
The Housing Act 2004 imposes a general duty on LHAs to take appropriate enforcement action where there is a category 1 hazard and lists the enforcement powers available to LHAs where a category 2 hazard exists. The LHA is under a duty to take the best course of action available to it in relation to the hazard. LHAs cannot simultaneously take more than one of the actions set out, for example make a prohibition order and serve an improvement notice dealing with the same hazard. This is to ensure that LHAs have properly considered the appropriate action and owners are not asked to comply unnecessarily with more than one requirement.Category 1 Hazard Enforcement Actions
- Serving an Improvement Notice
- Making a Prohibition Order
- Serving a Hazard Awareness
- Making a Demolition Order
- Taking Emergency Remedial Action
- Making an Emergency Prohibition Order
- Declaring a Clearance Area
Category 2 Hazard Enforcement Actions
- Serving an Improvement Notice
- Making a Prohibition Order
- Serving a Hazard Awareness
- Making a Demolition Order
- Slum Clearance Declaration
Improvement Notice
An Improvement Notice specifies the remedial action necessary to deal with the hazard and requires the person on whom it is served to take that action within a specified period of time. The council may carry out the necessary work and recover its costs if the notice is not complied with. Alternatively it may commence proceedings for an offence, or it may do both. An Improvement Notice becomes operative after 21 days unless there is an appeal against it.
Prohibition Order
A Prohibition Order may prohibit the use of part or all of the premises for some or all purposes. This may be an appropriate course of action where conditions present a serious threat to health or safety but where remedial action is considered unreasonable or impractical either because of cost or other reason. Prohibition Orders may include:
- specifying the maximum number of persons that should occupy the property where it is too small for the actual household in occupation;
- specifying the maximum number of persons who should occupy the property where there are insufficient facilities (e.g. personal washing facilities, sanitary facilities, or food preparation or cooking facilities) for the numbers in occupation;
- prohibiting the use of a property by a specified group (until improvements have been carried out), where a property is hazardous to some people, but relatively safe for occupation by others.
Hazard Awareness Notice
Typically, a Hazard Awareness Notice would be a response to a remote or minor hazard, where the council simply wishes to draw attention to the desirability of remedial action. However, it is also a possible (though exceptional) response to a category 1 hazard where works of improvement, or prohibition of the use of the whole or part of the premises is not practicable or reasonable. This type of notice does not require any action by the recipient. Instead it provides advice about steps that could be taken voluntarily. The notice must specify the hazard concerned and the action considered appropriate to deal with it.
Demolition Order
A Demolition Order would be made where having regard to the condition of the property and local circumstances, demolition is considered more appropriate than repair or improvement.
Clearance Area
The declaration of a Clearance Area is another way in which the council can secure the demolition of property where having regard to its condition and local circumstances it would be more appropriate than repair or improvement. The declaration of a Clearance Area would normally involve a group of properties, but can be done in relation to a single property depending on the circumstances.
Emergency Remedial Action
Where a hazard presents an imminent risk of serious harm to health or safety the council may take such steps as are immediately necessary to remove the imminent risk without giving prior notice to the owner and then recover its costs.
Emergency Prohibition Order
An Emergency Prohibition Order imposes the same requirements as a normal Prohibition Order, but would be served instead where there is an imminent risk of serious harm to health or safety. An Emergency Prohibition Order is effective immediately.
Slum Clearance Declaration
Where the LHA is satisfied any area of the building or residential building in the areas are unfit for human habitation or by reason of dilapidation, overcrowding, faulty arrangement and design of such buildings, narrowness or faulty arrangement of streets, lack of ventilation, light or sanitation facilities, or any combination of these factors are detrimental to safety, health or morals it may by notification declare such area to be a slum area.