The Housing Health and Safety Rating System (England) Regulations 2005

Explanatory Note

(This note is not part of the Regulations)

Part 1 of the Housing Act 2004 (the Act) introduces the Housing Health and Safety Rating System (HHSRS), an evidence-based system for assessing housing conditions. Sections 2 and 4 of the Act provide for regulations to be made to prescribe descriptions of hazards, the method for assessing the seriousness of hazards and the manner and extent of inspections of residential premises to see whether category 1 or 2 hazards exist. The Act imposes a duty on local authorities to take enforcement action where a category 1 hazard exists and gives discretion to take action where a category 2 hazard exists.

Regulation 3 prescribes descriptions of hazards with reference to the occurrence of matters or circumstances listed in Schedule 1. These matters and circumstances reflect the profiles of hazards set out in Annex D of the operating guidance given by the Secretary of State under section 9(1)(a) of the Act.

Section 10 of the Act imposes a duty on local authorities to consult with the fire and rescue authority for the area where enforcement action is to be taken under Part 1 in relation to a prescribed fire hazard. Regulation 4 prescribes a fire hazard for the purposes of section 10 as one where the risk of harm arises from exposure to uncontrolled fire and associated smoke.

Regulation 5 provides for the manner in which, and the extent to which, premises are to be inspected under the HHSRS. In particular, a record of the inspection must be prepared and kept either in written or electronic form.

Regulation 6 prescribes the method for calculating the seriousness of hazards to be expressed as a numerical score.

Regulation 7 prescribes the bands applicable to the range of numerical scores and regulation 8 provides that where a hazard falls within bands A, B or C the hazard is a category 1 hazard and where it falls within any other band it is a category 2 hazard.

Schedule 2 describes each class of harm and includes examples of each class of harm.