Local authority HHSRS duties to assess hazards

A local authority might have a duty to inspect a property under the Housing Health and Safety Rating System (HHSRS).

A local authority can inspect accommodation owned by other landlords, including registered providers of social housing or private landlords.

A local authority cannot take enforcement action against itself.

The authority might have a duty to inspect as a result of:[1]

• a review of housing conditions

• a complaint by a tenant or other person

• house in multiple occupation (HMO) enforcement

• any other reason

Review of housing conditions

A local authority might become aware of potential hazards while keeping housing conditions in its area under review.

A local authority must inspect a property where it considers it appropriate to determine whether any category 1 or 2 hazards exist.[2]

HMO licensing

The local authority might become aware of properties where an inspection is necessary through its licensing of houses in multiple occupation (HMO).

When it receives an application for an HMO licence, the local authority must satisfy itself as soon as practicable that it does not need to take any actions to deal with hazards. This must be completed within five years after the application is received.

A local authority does not necessarily need to complete a comprehensive hazard inspection for a house in multiple occupation.[3]

Official complaints

The local authority must also inspect if it receives an official complaint which:[4]

• is made in writing

• by a justice of the peace who has jurisdiction in the area or a local parish or community council within the district

• to the 'proper officer' of the local housing authority, and

• the circumstances complained of indicate that category 1 or 2 hazards may exist on premises or that an area should be dealt with as a Clearance Area

Any other reason

If a local authority considers that an inspection is appropriate for any other reason, it must also arrange an inspection.[5]

Hazards in social housing

A social landlord has separate duties to investigate emergency hazards and significant damp and mould hazards in its own properties. Find out more about hazards in social housing on Shelter Legal.

When carrying out an inspection, the inspector must have regard to any government guidance.[6]

Deficiencies and hazards

The inspector should look for deficiencies relevant to all 21 hazards.

A deficiency occurs when any element of the building fails to meet the optimum condition or baseline indicator to prevent, avoid or minimise risk from a hazard.[7]

If a deficiency suggests a significant risk to health, an assessment of the risk should be carried out.

A hazard is any risk of harm to the health or safety of a current or potential occupier that arises from a deficiency. Not all deficiencies are hazards.

In some cases, as well as being a hazard in its own right, a hazard might increase the likelihood, or the severity of harm likely to result from another hazard.

Find out more about the HHSRS definition of hazards.

What the inspection should cover

A full inspection of the building should be made, identifying and recording all deficiencies, whether or not these could contribute to a hazard.

The inspection should cover:[8]

• the property

• any grounds, paths, driveways, gardens, outbuildings

• common parts and their amenities

Where a full investigation is not possible, the inspector should indicate what further investigation is required.

An inspection might involve destructive analysis, such as taking samples when testing for asbestos.

Aggravating factors

The inspection should record aggravating factors which might increase the risk of harm. This includes variations in conditions over a 12 month period, including weather conditions.

After the inspection has been completed, the inspector must make an assessment.

The inspector’s assessment might identify:

• any deficiencies and hazards

• the hazard score

• the hazard band and category

To calculate the hazard score and band, the assessment will not take account of the current occupants, except overcrowding cases.

Identifying deficiencies and hazards

The assessment involves determining whether:[9]

• there are any deficiencies

• the deficiencies contribute to one or more hazards and if so, to which hazards

A deficiency might contribute to more than one hazard, and more than one deficiency may contribute to one hazard.

The inspector assesses the likelihood of harm to the occupier in the next 12 months.[10]

Hazard scores

After a hazard has been identified, the local authority inspector can score the hazard.

Government guidance provides statistics and a formula for rating a hazard and producing a hazard score.[11]

The inspector should score each hazard that is obviously worse than the average for that age and type of dwelling. The inspector does not need to score every hazard.[12]

The inspector assesses the likelihood of harm which might require medical attention in the next 12 months, taking into account:[13]

• the likelihood of harm to an occupier of the vulnerable group for that hazard

• all aggravating and mitigating factors over the 12 month period

• the national average likelihood score for that property type and age

The inspector is not expected to provide an exact figure, but to select a standard range.

Assessment of possible harm

A harm can be classified into one of four classes of harm. The classes of harm are Extreme, Severe, Serious and Moderate.[14]

Extreme harms include death, cancer and mesothelioma. Severe harms can include asthma and other respiratory diseases, mild strokes or serious fractures. Serious harms can include eye disorders, hypertension and sleep disturbance. Moderate harms can include moderate cuts, severe bruising, broken fingers and more.[15]

Hazard band

After the inspector identifies a hazard score, this is then classified in one of three 'hazard bands'.[16] The hazard bands are High, Medium and Low.

Hazards in the High band are category 1 hazards. This means the local authority is under a duty to take enforcement action.[17]

Hazards in the Medium or Low band are category 2 hazards. This means the local authority has the power to take enforcement action.[18]

A local housing authority must keep the housing conditions in its area under review with a view to identifying any action that may need to be taken under:[19]

• Part 1 Housing Act 2004 - the Housing Health and Safety Rating System

• Part 2 Housing Act 2004 (houses in multiple occupation licensing)

• Part 3 Housing Act 2004 (selective licensing of other accommodation)

• Chapters 1 and 2 of Part 4 of the Housing Act 2004 (management orders)

• Part 9 of the Housing Act 1985 (Demolition Orders and slum clearance)

• Part 7 of the Local Government and Housing Act 1989 (Renewal Areas)

• Article 3 of The Regulatory Reform (Housing Assistance) (England and Wales) Order 2002 (financial assistance)

Housing Act Directions

The Secretary of State has the power to issue directions to local authorities under Housing Act 2004 and in their duty to keep housing conditions under review, authorities must comply with them.[20] For example, the government may direct authorities to carry out reviews in respect of particular hazards, consider particular advice in the review and notify the Secretary of State of any actions identified as necessary following the review.

In response to the fire at Grenfell Tower in June 2017, the Ministry of Housing, Communities and Local Government (MHCLG) wrote to local authority chief executives stating that the department 'will be following up... the extent to which you have been able to identify buildings' with similar cladding and asking 'for updates on the progress of any necessary remedial actions taken by building owners'.[21]

In May 2018 the Secretary of State issued a direction requiring that authorities:[22]

• take particular regard of government advice and the view of MHCLG's expert panel that certain types of Aluminium Composite Material (ACM) insulation presented a significant fire hazard on buildings over 18 metres when reviewing conditions in their area[23]

• take appropriate steps to identify and notify MHCLG of all high-rise residential buildings of over 18 metres in their area with a view to identifying actions necessary in accordance with their duties

• carry out a review to consider any fire safety hazards arising out of potentially unsafe ACM cladding on high-rise buildings

In August 2017 the government published Grenfell Tower fire: Response and tackling fire risk in high rise blocks. This contains information on the number of blocks likely to be affected by unsafe cladding.