The Housing Health and Safety Rating System (HHSRS) is the method used by local authorities to assess housing conditions. The Housing Act 2004 Part 1 establishes the HHSRS as the current statutory assessment criterion for housing and it is based on the principle that:
“Any residential premises should provide a safe and healthy environment for any potential occupier or visitor”.
The system applies to all dwellings including owner-occupied, privately rented, council and housing association dwellings. Local authorities are required to keep housing conditions in privately owned property under review and also have a duty to inspect a property where they have reason to believe that this is appropriate to determine the presence of health and safety hazards.
The HHSRS is not a standard which the property must meet, as was the case with the previous fitness standard, but it is a system to assess the likely risk of harm that could occur from any ‘deficiency’ associated with a dwelling.
A deficiency is a variation from the ideal standard that may lead to a situation where a visit to the doctor or hospital may be necessary. It may be due to an inherent design or manufacturing fault, or due to disrepair, deterioration or lack of maintenance. Unnecessary and avoidable significant hazards should not be present.
The standard acknowledges, however, that some hazards may exist and provides a method of deciding whether or not the degree of risk is acceptable. The use of a formula produces a numerical score which allows comparison of all the hazards. This score is known as the Hazard Score and irrespective of the type of hazard, the higher the score, the greater the risk.
Local authority environmental health professionals undertake assessments and they must decide for each hazard what is: the likelihood, over the next twelve months, of
• an occurrence e.g. falling down stairs, electrocution etc that could result in harm to a member of the vulnerable group, and
• the range of potential outcomes from such an occurrence e.g. death, severe injury etc.
There are 29 hazards associated with the system [see below].
When an assessment is made, the assessment is based on the likely effect of the hazard on the most vulnerable age group, regardless of whether the current occupiers are in that vulnerable group. Action taken as a result of identifying hazards should consider the actual occupiers. For some hazards there is no relevant group, but for many hazards it may be either the young or the elderly.
Hazards
A hazard is any risk of harm to the health or safety of an actual or potential occupier that arises from a deficiency. The system is concerned with hazards that can result in disease, infirmity, physical injury, and also includes mental disorder and distress. There are 29 hazards, which need to be considered, and these have been divided into four groupings:
Physiological, Psychological, Protection against Infection and Protection against Accident.
Physiological:
• damp and mould growth;
• excess cold;
• excess heat;
• asbestos and manufactured mineral fibre;
• biocides;
• carbon monoxide and fuel combustion products;
• lead;
• radiation;
• uncombusted fuel gas;
• volatile organic compounds.
Psychological:
• crowding and space;
• entry by intruders;
• lighting;
• noise.
Protection against Infection:
• domestic hygiene, pests and refuse;
• food safety;
• personal hygiene, sanitation and drainage;
• water supply for domestic purpose.
Protection against Accidents:
• falls associated with baths;
• falling on level surfaces;
• falling associated with stairs and steps;
• falling between levels;
• electrical hazards;
• fire;
• flames and hot surfaces;
• collision and entrapment;
• explosions;
• position and operability of amenities;
• structural collapse and failing elements.
Landlord Responsibilities
The Housing Health and Safety Rating System: Guide for Landlords and Property Related Professionals was produced by the government in 2006.
It is still relevant and includes advice on inspections and assessment of hazards under Section 9. The Housing Health and Safety Rating System (HHSRS) Operating Guidance Guide can be accessed at www.communities.gov.uk/documents/housing/pdf/142631.pdf
Each property will have its own hazards depending upon its location, age, construction, design, state of repair and so on but landlords must take steps to make sure that the dwelling provides both a safe and healthy environment.
For enforcement purposes the landlord is responsible for the provision, state and proper working order of:
• the exterior and structural elements of the dwelling
- this includes all elements essential to the dwelling including access, amenity spaces, the common parts within the landlord’s control, associated outbuildings, garden, yard walls etc;
• the installations within and associated with the dwelling for:
- the supply and use of water, gas and electricity
- personal hygiene, sanitation and drainage
- food safety
- ventilation
- space heating, and
- heating water.
It includes fixtures and fittings, but excludes moveable appliances unless provided by the landlord. In multi-occupied buildings the owner, or manager, is responsible for stair coverings e.g. carpets.
HHSRS enforcement
Local authorities have statutory duties and powers to take enforcement action to deal with properties containing hazards identified under the HHSRS. Under the HHSRS local authorities have a duty to take appropriate enforcement action in relation to category 1 hazards, and discretion to act in relation to category 2 hazards.
If a hazard presents a severe threat to health or safety it is known as a category 1 hazard.
If a local authority considers that a category 1 hazard exists on any residential premises, they must take the appropriate enforcement action in relation to the hazard.
Less severe threats to health and safety are known as category 2 hazards and a local authority may take appropriate enforcement action to reduce the hazard to an acceptable level. The circumstances in which local authorities will take action over category 2 hazards will vary and will depend on the individual local authority’s enforcement policy.
Although statutory action is mandatory for category 1 hazards and discretionary for category 2 hazards, the choice of what course of action is appropriate is also a matter for the local authority and it will depend on the individual local authority’s enforcement policy.
The authority must, however, take into account the statutory enforcement guidance and the options available include:
• serving an improvement notice requiring remedial works;
• making a prohibition order, which closes the whole or part of a dwelling or restricts the number of permitted occupants;
• suspending the above types of notice for a period of time;
• taking emergency action itself;
• serving a hazard awareness notice, which merely advises that a hazard exists, but does not demand works are carried out;
• demolition;
• designating a clearance area.
Additional information can be obtained from the CLG, in particular the two guidance documents:
- Housing Health and Safety Rating System: - Guidance for Landlords and Property Related Professionals
- Housing Health and Safety Rating System: - Operating Guidance