What is the Housing Health and Safety Rating System?  The Housing Health and Safety Rating System (HHSRS) is a new way of assessing housing fitness that was introduced in the Housing Act 2004. It came into force in April 2006 and replaces the former Housing Fitness Standard.

The HHSRS can be used to assess problems in all residential property, no matter whether it is owner-occupied, privately rented or social housing. Once the problem has been assessed the local authority can take enforcement action against privately rented or owner-occupied property, or property owned by Registered Social Landlords.

What is the difference between the old fitness standard and the HHSRS?

Under the old provisions the local authority could inspect a property and consider its general state of repair, its stability, whether or not there was a damp problem, its lighting and ventilation, drainage and water supplies and the state of cooking and food preparation facilities. If there was a sufficiently bad problem with any of these the property could be declared unfit for human habitation.

The new system focusses less on the nature of the deficiencies in a property and more on the risks to health and safety of occupants arising from those deficiencies. So, for example, the old system would have looked at the state of lighting in a property and sought improvements if it did not meet a certain standard. The new system would look at the lighting and take account of whether or not it was causing a risk to an occupant's health and safety.

How does the new system work?

The environmental health officer will survey the conditions of each property to identify any deficiencies which give rise to any one of a list of potential hazards.

The inspector will then give each hazard a score based on how likely it is to occur in the next 12 months and the likely severity of the impact if it did occur.

The raw figure representing the overall score will then be put into bands. Those which score above a certain level (band D or above) will be considered 'Category 1' risks which are particularly severe.  Those which score below that level will be 'Category 2' risks.

Local authorities have to take action on Category 1 risks to ensure that they are brought down to an average risk.  They have the power to take action to eliminate or minimise Category 2 risks but can use this power at their discretion.

What about the risk from the behaviour of the occupants?

The HHSRS is intended to look purely at the risks arising from the conditions of the building.  It will not look at risks from the tenants' behaviour.  If an HMO is being inspected consideration will be given to the increased risks of hazards which might arise because certain facilities are shared. And if a property is being assessed for a risk of hazard from overcrowding the inspector will have to take account of the number of occupants. However, the behaviour of the occupants will not be taken into account.

I've heard that the inspectors will be using elderly people as an example when my property is only let to students.

When calculating the likelihood of a hazard occurring and the likely severity the inspector will use figures for the age group most likely to be at risk from the hazard (if there is a risk to a particular age group) regardless of the actual occupants.

So, for example, for nearly all sorts of falls the inspector will consider how likely it is that an elderly person might succumb to a fall arising from the conditions in the house.

For the risk of an electrical hazard occurring the age group most at risk are under-5s and the inspector will consider how likely a hazard is to occur to this age group and how severe the outcome would be to them.

The idea is that a property should be fit for the widest range of occupants.  It may be let to students currently but it should be in good enough condition to be sold (or let by subsequent landlords) to anyone.

It is also worth noting that many of the hazards do not have specific age groups which are most at risk.

When it comes to deciding what enforcement measures to take, however, the EHO must consider only who is actually living in the property.

What are the hazards that they are going to assess?Thermal comfort (hazards from excessive cold or heat) Hazards from falls on stairs, steps or ramps, falls on the level (eg in a room with a slippery floor), falls between levels, and falls associated with baths Hazards from fire Hazards associated with hot surfaces and materials Hazards associated with damp and mould growth etc Hazards from a number of gases and chemicals: carbon monoxide, oxides of nitrogen, sulphur dioxide, volatile organic compounds, biocides, radiation Electrical hazards Noise hazards Hazards from materials such as lead, and asbestos and other fibrous materials Hazards associated with entry from intruders Overcrowding and space hazards Hazards from explosions Hazards associated with pests and design Hazards associated with household waste Hazards from inadequate provision for food safety, personal hygiene, sanitation or drainage Hazards from contaminated domestic water Hazards from structural failure Hazards from inadequate lighting Hazards from uncombusted fuel gas Entrapment and collision hazards Hazards from poor ergonomics In practice, it would appear that the most frequent problem that will have to be dealt with across all sorts of housing will be the risk of cold and damp.

How will they deal with the risks?

If the risk is a Category 1 hazard the local authority must take at least one of the following courses of action as appropriate:serve an improvement notice make a prohibition order serve a hazard awareness notice take emergency remedial action make an emergency prohibition order make a demolition order declare the area a clearance area

The local authority can also compulsorily purchase property instead of making a prohibition order or demolition order, if they feel that is a better option.

If the hazard is a Category 2 hazard the local authority may:serve an improvement notice make a prohibition order serve a hazard awareness notice make a demolition order declare the area a slum clearance area The local authority can take more than one course of action as well if necessary. For instance, for a Category 1 hazard, they might take emergency action to make it immediately safe and follow up with an improvement notice to require the property's owner to undertake further work on the underlying problem.

In all cases the local authority has to give reasons for their decision on the course of action they have followed. They also have to inform the person on whom the notice is served of their right to appeal. The right to appeal to a Residential Property Tribunal against a local authority's enforcement decision is usually exercisable within 21 days of the notice being served.

What are these different courses of action?

1. Improvement Notices

An improvement notice will require the person on whom it is served to take action on one or more hazards within a specified period.  The notice will include details of the hazard which has to be fixed and the date by which the work should be started (at least 28 days after the notice is served).  The person on whom it is served will be able to appeal to a Residential Property Tribunal within 21 days of the notice being served if they disagree with the notice or if they feel that someone else should take action (exceptions may be made to this if there are sound reasons for a delay in appealing). If no appeal is made the notice will come into force 21 days after it is served.

The local authority can also vary or revoke an improvement notice if the circumstances surrounding the situation change.

If the person on whom the notice is served does not complete the work required within the specified time period they will be subject to a fine of £5000.  They can appeal this on the grounds that they had a reasonable excuse (such as the work taking longer than anticipated but at least having started the work within the timeframe.) The local authority can also undertake the work themselves, either with the agreement of the person responsible for the property or if that person fails to carry out the work specified. In both cases the local authority will seek reimbursement from the person in question.

2. Prohibition Orders

A prohibition order will prohibit or limit the use of all or part of premises in which a hazard exists unless the use is approved by the local authority. (The owner of the property will have the right to appeal to a Residential Property Tribunal if the local authority withholds approval unreasonably.) The prohibition order will also specify the remedial action which needs to be taken before the local authority will revoke the order.

The owner of the property will have the right to appeal to a Residential Property Tribunal against the decision to impose a prohibition order within 28 days of the order being made (exceptions may be made to this if there are sound reasons for a delay in appealing).  An appeal might be made because the owner doesn't believe the action is necessary or because they believe it is better dealt with under one of the other courses of action open to the local authority (improvement notice, a hazard awareness notice or a demolition order). If no appeal is made the notice will come into force 28 days after it is made.

The local authority can also vary or revoke a prohibition order if the hazard no longer exists or if the circumstances surrounding the situation change.

If someone allows premises to be used when they are subject to a prohibition order they will be fined £5000 plus a further £20 for each subsequent day that they allow this to continue after conviction. It is worth noting that none of the usual restrictions on landlords recovering possession of property will apply if they need to recover possession in order to comply with a prohibition order.

3. Hazard Awareness Notices

A Hazard Awareness Notice simply advises the person on whom it is served that there is a Category 1 or Category 2 hazard on the premises and the nature of the problem that is creating the hazard.  The notice will also set out the action that the local authority consider is appropriate to take to deal with the problem.  The Act does not set out any penalties for failing to comply with the terms of the notice. However, it would be wise to consider carrying out appropriate work so that any highlighted problem was not allowed to develop into something more serious that would require the local authority to serve a more severe notice and take enforcement action on that.

4. Emergency Remedial Action and Emergency Prohibition Orders

Emergency Remedial Action is defined as "such remedial action in respect of the hazard concerned as the authority consider immediately necessary in order to remove the imminent risk of serious harm" to occupiers.

Emergency action can be taken by a local authority on any property which is eligible for an improvement notice.  It can only be taken to deal with Category 1 (the most severe) hazards and should only be used where there is imminent risk of serious harm to occupiers. The local authority can get a warrant to enter the premises if necessary.

The cost of the work will be recovered from the landlord.

The owner of the property, the occupiers and anyone else with an interest in the property will be notified of the emergency work within 7 days of when it starts. They will be told of the nature of the hazard, what the remedial action is, where it is being taken and when it began (or is to begin).

An Emergency Prohibition Order operates in the same way as a normal prohibition order but, as with Emergency Remedial Action, it can only be used for areas with Category 1 hazards and only where there is imminent risk of serious harm which requires that an area be closed off immediately. The rules about notifying owners about the order, and the enforcement of it are the same as for standard prohibition orders.

For both emergency remedial action and emergency prohibition orders there will be a right of appeal against the local authority decision within 28 days of the date the work or the prohibition order starts (exceptions may be made to this if there are sound reasons for a delay in appealing). Such appeals will be made to a Residential Property Tribunal.

5. Demolition Orders and Clearance Areas

The law relating to demolition orders and clearance areas still stands as it is in the 1985 Housing Act. Both measures are intended to deal with the most severe cases which are beyond repair and, for clearance areas in particular, where there is a problem with the overall building environment rather than invididual buildings. The 2004 Housing Act simply amends the 1985 legislation to add references to the new Category 1 and Category 2 hazards and allow action to be taken in relation to both.

I've heard this is going to apply to HMOs only? Is this true?

The HHSRS, like the old fitness for human habitation standard, will apply across all residential accommodation - houses and flats (whether they are owner-occupied, privately rented or rented in the social sector). All HMOs (including unoccupied HMOs) will be covered by the HHSRS. However, under the rules which govern HMO licensing there will be a duty for the local authority to inspect for hazards all HMOs which have to be licensed. This will have to be done within 5 years of a licence being granted.

(For more information about which HMOs will need to be licensed see the NLA information sheet "Definition of an HMO: Mandatory and Additional Licensing.)  For HMOs which are not subject to licensing, as well as other residential properties, the local authority will have to keep the conditions of properties in their area under review and may inspect any where a problem is highlighted or if an official complaint is made by a justice of the peace or a parish or community council.

I have an HMO that is going to be subject to licensing. Does this mean that I won't get a licence if my property has hazards identified on it?

The Act specifically states that local authorities should NOT use licence conditions (either for HMO licensing or selective licensing) to deal with hazards identified under the HHSRS. Some of the conditions which they attach to licences to require the premises to contain certain facilities may have a secondary result of clearing up a hazard but the conditions should not be there primarily to deal with HHSRS hazards: the local authority should deal with these using the powers they have been given under the HHSRS scheme.

In practice it is possible that in the interests of streamlining the process and saving money a local authority may carry out the HHSRS inspection at the same time as assessing an application for a licence. However, the decision to grant a licence under HMO and selective licensing should be based on the licence holder being a fit and proper person and the management of the property being satisfactory. HMO licences will also require that the property is suitable for the number of people who are occupying it.

Example: A local authority attaches a condition to a licence requiring kitchens to have suitable fire extinguishers available. This has the secondary result of combatting the overall fire hazard in the property (which is one of the risk factors which the HHSRS inspection will check for). However, the extinguishers are not required primarily to deal with the HHSRS hazard but because they are associated with making the kitchen facilities suitable for the needs of use in an HMO.