What is HHSRS? The Housing Health and Safety Rating System (HHSRS) is a new risk assessment tool used to assess potential risks to the health and safety of occupants in residential properties in England and Wales. The legislation came into effect in England in 2006. HHSRS replaces the Housing Fitness Standard, which was set out in the Housing Act 1985.
A dwelling can include a;
- House Self contained flat
- Non self contained flat
- Bedsit
- HMO
and includes the means of access and shared or common rooms and facilities. The structure and associated outbuildings and garden, yard and/or other amenity space, and means of access should provide a safe and healthy environment for the occupants and any visitors.
Landlords can use the information produced using HHSRS to put things right and South Holland District Council will use the information to determine and inform any enforcement action should that be needed.
Why is it needed?
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.
Each year on average housing conditions are implicated in up to 50,000 deaths and around 0.5 million illnesses requiring medical attention. These statistics and many others form part of the evidence base of the system. The previous fitness standard, section 604 of Housing Act 1985 did not address many of the conditions that caused these deaths and injuries.
Who does it affect? All owners and landlords, including social landlords. The private sector contains some of the worst housing conditions and owners and landlords should be aware that any future inspections of their property will be made using HHSRS. Private landlords and managing agents are advised to assess their property to determine whether there are serous hazards that may cause a health and safety risk to tenants. They should then carry out improvements to reduce the risks. To be decent, homes should be free of category 1 hazards.
How does it work?
A risk assessment looks at the likelihood of an incident from the condition of the property and the likely harmful outcome. For example, how likely is it for a fire to break out? What will happen if one does? The assessment will show the presence of any serious (category 1) hazards and other less serious (category 2) hazards. To make an assessment, inspectors will make reference to the HHSRS "Operating Guidance".
The HHSRS covers 29 hazards or dangers (for details of individual hazards download the link at the end of this document). It can be applied to any type of dwelling.
For any of the 29 hazards identified during an inspection, an assessment will be made of how serious it is based on the risk to the potential occupant who, by age only, is most vulnerable. As an example, stairs are a greater risk to elderly people. Getting fingers, arms or legs trapped in windows or doors, or running into doors, is more of a significant risk to children under five years old. For some dangers, such as noise, there is no age group within the general population that would be more at risk than any other. A dwelling that is as safe as reasonably possible for the most vulnerable should be as safe as reasonably possible for everybody.
The assessment is carried out and, takes account of the probability of a dangerous incident happening over a 12- month period and the level of harm that could result. The assessment is always carried out for the age group most vulnerable to the hazard or danger in question. The assessment produces a score which represents the degree of risk associated with the hazard. Judgements will always be based upon the conditions of the dwelling and detailed guidance provided by the government. The assessment must be carried out in the way set out by government.
How is it enforced and what are the penalties? If a category 1 hazard is discovered in a home, SHDC has a duty to take the most appropriate action. This may include requiring the landlord to carry out improvements to the property e.g. mending a leaking roof, fixing a handrail to staircases or replacing broken glass windows.
Failure to comply with a statutory notice could lead to a fine of up to £5,000
The Act has brought in new enforcement options for local authorities for dealing with unacceptable housing conditions. Any action that is taken against a landlord or owner will be influenced by the following:
- The score for the hazard in question.
- Whether SHDC has a duty to take action i.e. a category 1 hazard, where the hazard score is 1,000 or more, or whether it can decide to take action or not i.e. a category 2 hazard scoring below 1,000.
- The officers judgement of the most appropriate course of action to take in relation to that hazard(s) which would include considering who is actually living in the dwelling or is likely to do so in the future. The local authority must also consider who will visit, or is likely to visit, the dwelling
The enforcement options are:
- A hazard awareness notice which tells the property owner that there is a hazard/danger but which does not need them to take any action at that time.
- An improvement notice which orders work to be carried out.
- A prohibition order which would close part or all of a dwelling or limit the number of people who can live in it.
- The local authority takes emergency action by carrying out work itself. This could happen when there is a category 1 hazard which presents an immediate risk of harm.
- Make a demolition order, which requires the dwelling to be demolished
The most common type of enforcement action is likely to be an improvement or hazard awareness notice, although each dwelling will be considered individually and any of the actions above may be relevant in any particular case.
The HHSRS
29 Hazards (PDF , 130KB)document gives brief details of each individual classified hazard but for more detailed information contacted Community Housing on 01775 761161.
