Housing Health & Safety Rating System (HHSRS)

HHSRS assesses twenty nine categories of housing hazard, including factors which were not covered or covered inadequately by the housing fitness standard.  It provides a rating for each hazard.  It does not provide a single rating for the dwelling as a whole or, in the case of multiply occupied dwellings, for the building as a whole.  A hazard rating is expressed though a numerical score which falls within a band.  There are 10 bands from A down to J.  Scores in Bands A to C are Category 1 hazards.  Scores in Bands D to J are Category 2 hazards.  The bands and the categories relate to their severity.

The principle of HHSRS is that any residential premises (including the structure, means of access, and any associated outbuilding, garden or yard) should provide a safe and healthy environment for any potential occupier or visitor.  HHSRS is a risk assessment process and is comprehensive in its coverage of key health and safety risks in dwellings.  In very broad terms, the Rating System works by assessing the risk associated with certain home hazards and if the likelihood of harm is significant the Council may take action to ensure that the risk is removed or reduced.

The 29 hazards that can be assessed are those associated with or arising from:

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

HHSRS: Enforcement

What action can be taken?

Any action the Council may take will be based on a three-stage consideration:

* the hazard rating determined under an HHSRS assessment;

* whether the Council has a duty or power to act (Category 1 or category 2 hazard); and

* the Council's judgement, given all the circumstances, as to the most appropriate course of action to deal with the hazard.

The Act contains new 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 the statutory enforcement guidance.

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 use or 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* (*not available for Category 2 hazards);

The HHSRS hazard rating is based on the most vulnerable potential occupant, but 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 lack of compliance.  It also enables them to charge and recover charges for enforcement action i.e. the service of a notice, works in default, obtaining specialist reports.

An appeal against any enforcement action taken by the Council is possible and these will be made to a Residential Property Tribunal (RPT).  Information on how to appeal and the grounds for appeal are provided with any formal documents served by the Council.

The publication 'Essential Information for Landlords and Agents' on HHSRS can be found on the Asset Skills Website