The Housing Health and Safety Rating System (England) Regulations 2005
STATUTORY INSTRUMENTS
Made
Laid before Parliament
Coming into force
17th November 2005
28th November 2005
6th April 2006
The First Secretary of State, in exercise of the powers conferred by sections 2, 4 and 250(2)(a) of the Housing Act 2004[1] makes the following Regulations:
1-
Citation, commencement and application
(1)
These Regulations may be cited as the Housing Health and Safety Rating System (England) Regulations 2005 and shall come into force on 6th April 2006.
(2)
These Regulations apply in relation to residential premises in England only[2].
2-
Interpretation
In these Regulations—
"the Act" means the Housing Act 2004;
"harm" means harm which is within any of Classes I to IV as set out in Schedule 2 to these Regulations;
"inspector" means a person carrying out an inspection under section 4 of the Act (inspections by local housing authorities to see whether a category 1 or 2 hazard exists); andexcept in regulation 6(7)(e), "occupier" includes potential occupier.
3-
Prescribed descriptions of hazard
(1)
A hazard is of a prescribed description for the purposes of the Act where the risk of harm is associated with the occurrence of any of the matters or circumstances listed in Schedule 1.
(2)
In Schedule 1, a reference to a matter or circumstance is, unless otherwise stated, to a matter or circumstance in or, as the case may be, at the dwelling or HMO in question, or in any building or land in the vicinity of the dwelling or HMO.
4-
Prescribed fire hazard
For the purposes of section 10 of the Act a category 1 or 2 hazard[3] is a prescribed fire hazard if the risk of harm is associated with exposure to uncontrolled fire and associated smoke.
5-
Inspections
An inspector must—
(a)
have regard to any guidance for the time being given under section 9 of the Act in relation to the inspection of residential premises;
(b)
inspect any residential premises with a view to preparing an accurate record of their state and condition; and
(c)
prepare and keep such a record in written or in electronic form.
6-
Seriousness of hazards
(1)
Where, following an inspection of residential premises under section 4 of the Act, the inspector—
(a)
determines that a hazard of a prescribed description exists; and
(b)
considers, having regard to any guidance for the time being given under section 9 of the Act in relation to the assessment of hazards, that it is appropriate to calculate the seriousness of that hazard,
the seriousness of that hazard shall be calculated in accordance with paragraphs (2) to (4) of this regulation.
(2)
The inspector shall assess the likelihood, during the period of 12 months beginning with the date of the assessment, of a relevant occupier suffering any harm as a result of that hazard as falling within one of the range of ratios of likelihood set out in column 1 of Table 1.
The inspector shall assess which of the four classes of harm (set out in Schedule 2) a relevant occupier is most likely to suffer during the period mentioned in paragraph (2).
(4)
The inspector shall—
(a)
assess the possibility of each of the other classes of harm occurring as a result of that hazard, as falling within one of the range of percentages of possibility set out in column 1 of Table 2;
(b)
record each possibility so assessed as the corresponding RSPRR set out in column 2 of Table 2; and
(c)
record the possibility (which shall be known, for the purposes of the formula in paragraph (5), as the RSPPR) of the most likely class of harm occurring as a percentage calculated using the following formula—
100% − (A + B + C)
Where— A is the RSPPR recorded under sub paragraph (b) as the second most likely class of harm;
B is the RSPPR recorded under sub paragraph (b) as the third most likely class of harm; and
C is the RSPPR recorded under sub paragraph (b) as the fourth most likely class of harm.
Representative scale point of the percentage range (RSPPR)
Below 0.05%
0%
0.05 to 0.15%
0.1%
0.15% to 0.3%
0.2%
0.3% to 0.7%
0.5%
0.7% to 1.5%
1%
1.5% to 3%
2.2%
3% to 7%
4.6%
7% to 15%
10%
15% to 26%
21.5%
26% to 38 %
31.6%
Above 38%
46.4%
(5)
When the inspector has assessed likelihood under paragraph (2) and assessed the possibility of each harm occurring under paragraph (3), the seriousness of that hazard shall be expressed by a numerical score calculated using the following formula—
S1 + S2 + S3 + S4
Where—
S1 = 10000 × 1/L × O1
S2 = 1000 × 1/L × O2
S3 = 300 × 1/L × O3
S4 = 10 × 1/L × O4
(6)
For the purposes of the formula in paragraph (5)—
(a)
L is the representative scale point of range in column 2 of Table 1 corresponding to the range that has been recorded under paragraph (2);
(b)
O1 is the RSPPR recorded under paragraph (4) in relation to Class I harm;
(c)
O2 is the RSPPR recorded under paragraph (4) in relation to Class II harm;
(d)
O3 is the RSPPR recorded under paragraph (4) in relation to Class III harm;
(e)
O4 is the RSPPR recorded under paragraph (4) in relation to Class IV harm.
(7)
In this regulation—
"relevant occupier" means, where the risk of harm concerned is associated with the occurrence of any of the matters or circumstances listed in—
(a)
paragraph 1 of Schedule 1, an occupier under the age of 15 years;
(b)
paragraph 2, 3 or 6(a) of Schedule 1, an occupier aged 65 years or over;
(c)
paragraph 7 of Schedule 1, an occupier under the age of 3 years;
(d)
paragraph 8 of Schedule 1, an occupier aged 60 years or over who has been exposed to radon since birth;
(e)
paragraph 11 of Schedule 1, the actual occupier;
(f)
paragraph 17, 22, 23 or 25 of Schedule 1, an occupier under the age of 5 years;
(g)
paragraph 19, 20, 21, 24 or 28 of Schedule 1, an occupier aged 60 years or over;
(h)
paragraph 26—
(i)
except where a collision is with low architectural features, an occupier under the age of 5 years, and
(ii)
where a collision is with low architectural features, an occupier aged 16 years or over;
(i)
any other paragraph of Schedule 1, any occupier; and
"RSPPR" means the representative scale point of the percentage range.
(8)
In making assessments under this regulation, an inspector shall have regard to any guidance for the time being given under section 9 of the Act.
7-
Prescribed bands
For the purposes of the Act a hazard falls within a band identified by a letter in column 1 of Table 3 where it achieves a numerical score calculated in accordance with regulation 6(5) which is within the range corresponding to that letter in column 2 of that Table.
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.
