Housing Health and Safety Rating System (HHSRS)

The Housing Act 2004 has introduced a new system of assessment called the Housing Health and Safety Rating System (HHSRS).   

An authorised officer can carry out a housing health and safety rating system assessment of any domestic dwelling. If it is rented then both landlord and tenants require 24 hours notice of the officer’s intent to visit.  After 24 hours notice the officer has power of entry into the premises to make a formal inspection. 

A property is assessed according to 29 hazards that fit into four categories:

1. Physiological Requirements (hygrothermal conditions, non-microbial pollutants)

2. Psychological Requirements (space, security, light and noise)

3. Protection Against Infection (hygiene, sanitation and water supply)

4. Protection Against Accidents (falls, electric shocks, fires, burns and scalds, collisions, cuts and strains)

What enforcement action can be carried out as a result of an inspection?

As a result of the assessment a score is given which indicates whether we have a duty to consider enforcement action or have the power to consider action.  Where the officer sees fit to take enforcement action, a number of powers are available to him/her, namely:

• Hazard Awareness Notice – may be appropriate where a minor hazard has been identified, or where remedial action is unreasonable, impractical or unreasonably expensive, or where the owner/landlord has agreed to remedial action.

• Improvement Notice – this allows the officer to prescribe what action is necessary to remedy the hazard/s present, and will specify the time in which the action must be taken. 

• Prohibition Order – may be appropriate where remedial action is unreasonable, impractical or unreasonably expensive, or the building is listed.  The officer can prohibit the use of all or part of a premises.

• Emergency Remedial Action – where there is an imminent risk of serious harm the Council can take emergency remedial action to rectify the hazard and serve a notice on and invoice the owner/landlord within 7 days.

• Emergency Prohibition Order – where there is an imminent risk of serious harm the Council can prohibit the use of all or part of the premises with immediate effect.

The Act also provides powers to suspend certain notices (improvement and prohibition) until a certain time or event has passed.  The suspension must then be reviewed (not less than annually) until the notice has been complied with.  Both the owner/landlord and tenant can appeal enforcement action (except hazard awareness notices) to a residential property tribunal.  The residential property tribunal may then confirm, quash or vary the notice, order or decision.

Other powers available

Some powers from the Housing Act 1985 are also still available:

• Demolition order – this applies to properties where the market value of the property does not warrant the cost of carrying out remedial action, or where there are other factors that warrant the demolition of the property.

• Clearance areas – this can be applied to whole areas whereby houses are falling into disrepair, subject to vandalism, empty and to clear the area would create space for more beneficial and sustainable development.

The two powers listed above are only used in exceptional circumstances and would not be immediate solutions to a housing issue.  They are often used in the context of wider regeneration schemes and are part of a long term plan for an area.

If you require further information or advice, please contact the Environmental Health Team via Wokingham Direct on (0118) 9746000 or email Environmental.health@wokingham.gov.uk