housing - GOV.UK

1 housing Healthand safety RatingSystemGuidance forLandlords andProperty RelatedProfessionalshousingMay 2006 Department for Communities and Local Government: LondonHousing Health and SafetyRating SystemGuidance for Landlords andProperty Related ProfessionalsOn 5th May 2006 the responsibilities of the Office of the Deputy Prime Minister (ODPM) passed tothe Department for Communities and Local for Communities and Local GovernmentEland HouseBressenden PlaceLondon SW1E 5 DUTelephone: 020 7944 4400 Website: Crown Copyright, 2006 Copyright in the typographical arrangement rests with the publication, excluding logos, may be reproduced free of charge in any format or medium forresearch, private study or for internal circulation within an organisation.

2 This is subject to it beingreproduced accurately and not used in a misleading context. The material must be acknowledged asCrown copyright and the title of the publication other use of the contents of this publication would require a copyright licence. Please apply for a Click-Use Licence for core material at , or by writing to the Office of Public Sector Information, Information Policy Team, St Clements House, 2-16 Colegate, Norwich, NR3 1BQ. Fax: 01603 723000 or email: copies of this publication and alternative formats are available from:DCLG PublicationsPO Box 236 WetherbyWest YorkshireLS23 7 NBTel: 08701 226 236 Fax: 08701 226 237 Textphone: 08701 207 405 Email: online via the website: in the UK on material containing no less than 75% post-consumer : 185 112 8565 ISBN-13: 978 185 112 8563 May 2006 Reference No: 06 HC 03928 CONTENTSPageIntroduction to the Guidance5 The Landlord s responsibilities7 Identifying hazards8 Causes of hazards9 What are hazard bands?

3 11 Testing for, or assessing, the hazards12 HMOs buildings which contain a number of flats or 13similar dwellingsGuidance on enforcement action14 AppendicesIList of words used in the document and their meanings19 IIAssessment process20 III Profiles of potential health and safety hazards in dwellings21A Physiological and mould and monoxide and fuel combustion fuel gas3210. Volatile organic compounds32 BPhysiological requirements3311. Crowding and space3312. Entry by intruders3313. Lighting343 Page14. Noise35C Protection against infection3715.

4 Domestic hygiene, pests and refuse3716. Food safety3917. Personal hygiene, sanitation and drainage4118. Water supply43 DProtection against accidents4519. Falls associated with baths etc4520. Falling on level surfaces etc4521. Falling on stairs etc4522. Falling between levels4723. Electrical hazards4924. Fire5025. Flames, hot surfaces etc5226. Collision and entrapment5427. Explosions5428. Position and operability of amenities etc5429. Structural collapse and falling elements54lV Examples of how to assess hazards56 housing Health and safety Rating System4 Introduction to the GuidanceThis document has been prepared in light of the housing Act 2004 (the Act) forthose owners and landlords who have a limited number of properties .

5 The Actchanges the way local authorities will assess housing conditions. They will nowlook at the condition of properties using a risk assessment approach called theHousing Health and safety Rating System (HHSRS). This HHSRS does not set outminimum standards. It is concerned with avoiding or, at the very least, minimisingpotential hazards . This means that landlords should also review conditions regularlyto try to see where and how their properties can be improved and made guidance is aimed at non-specialists, in particular private landlords, becausetheir properties are most likely to undergo an HHSRS inspection.

6 In addition to theirstatutory duty to keep the housing conditions in their area under review, a localauthority also has a duty to inspect a property if they consider it appropriate to doso. And an authority must also consider whether there is any action it might need totake under HHSRS in relation to HMOs which are subject to mandatory licensing it must do this as soon as is reasonably practicable following a licence application,and in any event within five 1 of the Act provides local authorities with new duties and powers to tacklepoor housing conditions. The idea behind the Act is that local authorities will givepriority to dealing with the greatest risks to health and safety in local authority officers inspect a dwelling they will look for any risk of harmto an actual or potential occupier of a dwelling, which results from any deficiencythat can give rise to a hazard.

7 They will judge the severity of the risk by thinkingabout the likelihoodof an occurrence that could cause harm over the next twelvemonths, and the range of harms that could result. The local authority officer willmake these judgements by reference to those who, mostly based on age, would bemost vulnerable to the hazard, even if people in these age groups may not actuallybe living in the property at the time. This means even a vacant dwelling can beassessed and that if the dwelling is rated as safe for those considered to be mostvulnerable it will be safe for anyone.

8 The HHSRS score is calculated following aninspection. The score does not dictate what action will be taken by the localauthority to remedy the hazard. The government has issued statutory EnforcementGuidance to local authorities on the actions that they can take and the factors theyshould consider to decide which action is the most appropriate (a brief explanationat page 14 of this guidance).Officers will use the formal scoring system within HHSRS to demonstrate theseriousness of hazards that can cause harm in dwellings. The scoring system forhazards is prescribed by the housing Health and safety Rating System (England)Regulations 2005 (SI 2005 No 3208) and is also set out in the statutory HHSRSO perating Guidance for local authorities.

9 The Regulations can be obtained from theStationery Office, while the Operating Guidance is available from the publicationssales centre in Wetherby. If there are risks to the health or safety of occupants thatthe officer thinks should be dealt with, owners and landlords will have to put5matters right. If the officer finds a serious hazard ( one in the higher scoringbands A C, called a Category 1 hazard in the Act) the local authority will be undera duty to take one of the courses of action outlined in the section on enforcementin this Guidance. Category 2 hazards ( those in scoring bands D - J) will be onesthat the officer judges are not as serious.

10 For these less severe hazards localauthorities will still be able to take action if they think it is believed that responsible landlords will need, and want, to be able to identifythose factors that may increase the likelihood of an occurrence and affect thespread of harm. This guidance is to help them to understand whatlocal authorityofficers are inspecting for and howthey assess the dwellings. This should helplandlords to identify those areas where they need to do necessary work before thelocal authority carries out an inspection and requires remedial works.