Housing Health and Safety Rating System (HHSRS)
Standards in residential properties.
What is the Housing Health & Safety Rating System (HHSRS)?
HHSRS is a new risk assessment tool used to assess potential risks to the health and safety of occupants in residential properties.
What are the origins of HHSRS?
HHSRS is the result of several years of development by the Office of the Deputy Prime Minister. The intention was to replace the Fitness Standard with an evidence based risk assessment system. It is the outcome of development work commissioned by the government from the School of Law of the University of Warwick.
What types of properties is HHSRS used to assess?
It can be used to assess all residential dwellings.
What about public sector housing?
All social sector housing is to be made decent by 2010 under the Decent Homes Initiative. This means that it should be free of serious, that is category one, hazards.
Where does the new HHSRS apply?
HHSRS can be used to assess properties in England and Wales.
The legislation doesn’t apply to Northern Ireland and Scotland, which have separate housing legislation.
When is it being introduced?
HHSRS has been introduced on 6 April 2006 in England (and implemented in Wales later in 2006).
Why is HHSRS being introduced?
The new assessment method focuses on the hazards that are most likely to be present in housing. Tackling these hazards will make more homes healthier and safer to live in. The Fitness Standard does not deal with, or deals inadequately with, cold and falls for example.
How are dwellings assessed?
A risk assessment looks at the likelihood of an incident arising from the condition of the property and the likely harmful outcome. For example, how likely is a fire to break out, what will happen if one does?
Where there are hazards, the assessment could show the presence of serious (category 1) hazards and other less serious (category 2) hazards.
To make an assessment, local authority inspectors will make reference to the HHSRS "Operating Guidance". During an inspection they may take notes manually or may use a computer programme on a hand held computer.
Who assesses dwellings?
An appropriately trained surveyor will carry out assessments. In line with the ODPM guidance.
How do I know my property is being fairly assessed and what can I do if it is not?
Home owners are advised to try to deal with any problems informally at first. A property owner/ tenant who feels that an assessment is wrong can discuss matters with the inspector and ultimately will be able to challenge an enforcement decision through the Residential Property Tribunal.
Will different companies assess differently?
Inspectors have to follow the HHSRS methodology and this should ensure a high degree of consistency. However, there is always a slight possibility of surveyor variation.
Which properties will be assessed?
Any property that comes to the Local Authority or social housing owners attention, through a complaint for example, can be assessed. Authorities do not have to inspect every property in their area but will inspect if they have reason to do so. Authorities also have a strategic duty to keep the housing stock in their area under review.
Why assess whether something is a hazard to elderly people or children if none are living there?
Local Authority housing standards inspectors won’t necessarily know who is living in a property until they inspect. They are interested in the condition of the housing stock in their area and may want to ensure that housing is suitable for a wide range of potential occupants. This is a matter for their local strategy.
Why doesn’t HHSRS cater for disabled people?
The guidance specifically excludes registered disabled due to the potential need for specialist adaptations to make a dwelling suitable for occupancy by a disabled person.
The guidance on HHSRS details a range of people who are vulnerable to different hazards. However, the data tends to be related to age as the vulnerable factor.
What are the most common category one hazards?
The most common hazards are cold, fire, falls, lead in drinking water pipes and old paintwork, and hot surfaces that could lead to burns or scalds. For example, fires, heaters, cookers and hot taps.
What happens if a property is found to contain serious hazards?
The Local Authority has a duty to take the most appropriate action in relation to the hazard. Local authorities are advised to try to deal with problems informally at first. Appropriate action could be to serve a notice for the landlord to carry out improvements to the property, for example to install central heating or insulation, fix a rail to steep stairs, or mend a leaking roof.
If it is considered the most appropriate action, local authorities can implement any of the following:
- Serve an improvement notice requiring remedial works (the most likely action)
- Make a prohibition order, which closes the whole or part of a dwelling or restricts the number of permitted occupants
- Serve a hazard awareness notice
- Take emergency remedial action
- Make a emergency prohibition Order
- Make a demolition Order
- Include the property in a clearance area
Who is responsible for making changes to the building?
The owner, landlord, or managing agent is responsible.
Who is responsible for ensuring appropriate action is taken by the owner, landlord or managing agent?
Local authorities are able to make checks to ensure work is carried out in the prescribed time.
How quickly do improvements need to be made?
This is for the authority to decide, often in consultation with the owner. But unless it is an emergency an owner cannot be made to begin work earlier than 28 days. An emergency would constitute the presence of a serious hazard and, in the authority’s view, an imminent risk of serious harm to the occupiers.
What are the penalties if the owner, landlord or managing agent fails to make improvements?
Landlords, owners or managing agents face fines of up to £5,000 for not complying with a statutory notice.
If it is not practical to make changes to a property, for example, if the property is a small stone cottage with a narrow stairwell that is assessed as a hazard, what is the solution?
This is at the authority's discretion. If improvement of the property is not possible the authority can allow the tenants to remain living there if they appear less vulnerable to a hazard. In other cases the authority may have to prohibit or restrict occupation.
How does the HHSRS affect me as a private landlord?
Landlords are advised to self assess their property to determine whether there are hazards that may cause a health or safety risk to tenants. They should then carry out changes to their property to reduce this risk.
Does this mean tenants can take their landlord to court if they get ill?
Yes, as now, but the tenant would need to show that the illness was caused by the condition of the property and the landlord had done nothing about it.
How does HHSRS affect me as a managing agent and do I carry any liability?
Managing agents are advised to self assess their property to determine whether there are any serious hazards that may cause a risk to tenants and then to carry out necessary improvements. Managing agents are required to comply with any statutory notice given in the event of the need for work to be carried out.
As a maintenance builder what are my responsibilities and am I liable?
Maintenance builders are encouraged to be aware of the change in health and safety assessment and understand the basic principles of HHSRS.
The local authority would normally take enforcement action against the owner, landlord or agent for standards not being met so a builder would not usually be liable under HHSRS. There may be grounds to take civil action under different legislation however (e.g. the Building Act).
As a building surveyor what should I do?
Surveyors should be aware of the replacement of the Fitness Standard by HHSRS and understand its basic principles. Valuation surveyors do not need to refer to HHSRS when doing homebuyer surveys.
As a local authority or housing association manager what are my responsibilities?
Local authority and housing association managers need to understand the HHSRS to enable them to implement the decent homes standard. To be decent, dwellings should be free of category one hazards.
I am a health or social care professional – what should I do?
Health and social care professionals should be aware that councils can use HHSRS and their enforcement powers to improve the living conditions of vulnerable people.
Health and social care professionals can act by making the local authority aware of any hazards and threats to health or safety in homes of vulnerable patients and service users.
Where can I get more information about the HHSRS?
Information about HHSRS is available on the Government’s ODPM (Office of the Deputy Prime Minister, now called the Department for Communities and Local Government) housing website - www.communities.gov.uk/hhsrs
Are there any charges associated with HHSRS inspections?
Local authorities can make a charge for the cost of carrying out inspections that lead to enforcement action. They can also claim the costs of works if they are obliged to do the work themselves.
How much will local authorities charge for carrying out inspections?
Charges for carrying out inspections are decided by each local authority – but any charge needs to be reasonable and to relate to the costs incurred.
|
