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Housing enforcement
2. HHSRS
The House Health and Safety Rating System (HHSRS) assists local authorities in targeting properties in the worst condition, often housing some of the most vulnerable people.
Under this system, action by authorities is based on a three-stage consideration:
- the hazard rating determined under HHSRS;
- whether the authority has a duty or 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
- the authority's judgement as to the most appropriate course of action to deal with the hazard
The Act contains 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 statutory enforcement guidance.
The hazards which have to be assessed are as follows;
Damp/Mould Growth | Radiation | Noise | Fire |
Excess Heat | Uncombusted fuel gas | Domestic Hygiene, pests and refuse | Hot surfaces |
Excess Heat | Personal Hygiene, sanitation and drainage | Electrical hazards | Structural collapse and falling elements |
Asbestos | Volatile Organic Compounds | Food Safety | Collisions and Entrapment |
Biocides | Crowding and Space | Water Supply | Explosions |
Carbon monoxide | Entry by Intruders | Falls | Position and operability of amenities |
Lead | Lighting |
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;
- suspend these types of notice;
- take emergency action;
- serve a hazard awareness notice;
- make a demolition order
- declare a clearance area
The HHSRS hazard rating is based on the most vulnerable potential occupant. Local 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 and prosecute for lack of compliance. It also enables them to recover charges for enforcement actions.
Download the Housing Health and Safety Rating System from GOV.UK.