The way homes are inspected for health and safety has not changed since just after the first world war. On April 6, a new regime begins

Each year, there are 50,000 deaths and half a million illnesses as a result of accident in the home or unhealthy living conditions.

That is the justification for the Government to bring in a new regime for inspecting homes, under the Housing Act 2004. Implementation is on April 6, when the Housing Health and Safety Rating System (HHSRS) will replace the old fitness standard which dates back to 1919.

The HHSRS is a method of inspecting homes, together with sanctions, and applies to all homes in England and Wales, including owner-occupied properties. In practice, it will apply almost exclusively to private landlords, and in the front line are landlords with properties that have to be licensed by local authorities, especially Houses in Multiple Occupation (see the flowchart in this issue).

What it is

HHSRS assesses 29 potential hazards, including damp, carbon monoxide poisoning, noise, food safety, electrical hazards and structural collapse.

The key principle is that landlords and their agents maintain their properties, ensuring that a dwelling is a safe and healthy environment for occupants and visitors.

The system will be enforced by environmental health officers from local authorities and is a risk-based assessment, which includes an analysis and assessment of how hazardous a property is.

It is important that landlords understand this new approach: it is not a standard, and so provides no absolutes. The old system provided only a pass or fail standard – the new regime is a system that enables risks to be identified, scored, and removed or minimised, based on evidence compiled by the Home Accident Surveillance System.

Landlords beware!

Although HHSRS will inevitably go hand-inglove with the new HMO licensing regime, landlords of other types of accommodation must be aware of the new regime.

It will only take a complaint from a tenant or neighbour to the council for it to take action. Local authorities have a duty to keep the housing conditions in their areas under review and can inspect a property if they have reason to think that a health or safety hazard exists.

Thus, an accident in one of your properties – for example, someone falling down the stairs and requiring medical treatment – could be the trigger for an inspection, as could a neighbour complaining about a wasps nest in a garden. This underlines the importance to landlords and their agents of making their own regular inspections of their properties.

Scoring and enforcement

The new system scores hazards found during an inspection. The regime also provides a package of enforcement measures for local councils to use – measures which may be mandatory if they are Category 1, or discretionary if Category 2.

HHSRS grades threats to health and safety in any dwelling, including bedsits, and includes access and shared or common rooms and facilities. The system also covers outbuildings, garages and gardens or other amenity space.

Hazards are rated according to how serious they are and what is ‘the effect of the defect’.

The system also compares risks associated with different hazards. Some are slow and insidious, like dampness and cold, while others are quick, such as falls. Some hazards are more likely to be fatal (such as carbon monoxide); others are very unlikely to cause death, for example noise or poor layout of amenities.

The system acknowledges that all properties contain hazards, such as stairs and electricity,and it is not possible or desirable to remove all hazards.

The hazards

The hazards are classed under:

• Dampness, excess cold or heat
• Pollutants such as asbestos, radon, carbon monoxide or lead
• Lack of space, security or lighting, or excessive noise
• Poor hygiene, sanitation, water supply
• Accidents – falls, electric shocks, fires, burns, scalds
• Collisions, explosions, structural collapse Each hazard is assessed and scored separately.

Key tests

The assessment process is not just a question of spotting defects but is all about risk assessment, outcomes and effects.

When an inspector finds a hazard, two key tests are applied – what is the likelihood of a dangerous occurrence as a result of this hazard, and if there is such an occurrence, what would be the likely outcome?

For example, a staircase that had a broken stair would represent a serious hazard as an occupant could trip or fall down the stairs. However, a broken stair at the top of the staircase would be more dangerous than one at the bottom. A glass door near the bottom of the staircase would increase the potential danger even more.

Dwellings will also be assessed against the average for their type and age.

Hazards are also assessed according to their likely impact on the most vulnerable group of people. ‘Vulnerable’ usually means children and the elderly. For example, widely spaced balusters on a staircase could be assessed as a hazard for a child who could squeeze through and fall down the stairs.

squeeze through and fall down the stairs. Similarly a staircase with no handrail could be a hazard for an elderly person. The guiding principle is that a property that is safe for the most vulnerable is safe for all.

Likelihood

An inspector judges the likelihood of an occurrence (such as an accident) over the next 12 months which could result in harm to a member of a vulnerable age group

Inspectors do not give an exact likelihood, but will pick from a standard range, eg 1 in 24 to 1 in 42, or the range 1 in 420 to 1 in 750. There are a range of four outcomes or classes of harm which could arise from an occurrence (see box).

For example, while death may be considered unlikely from a particular fall, there may be a 10% chance of serious fractures, a 30% chance of severe concussion and a 60% chance of severe bruising.

Calculations

Most inspectors will use a software programme, possibly operated on a handheld computer, to calculate the scores.

The formula takes into account the nature of the hazard, the likelihood of an occurrence and the seriousness of the outcome (known as the spread of possible harms).

At its simplest, the formula is: Risk x Outcome = Numerical Score

Scores are then divided into ten bands (A to J): band A is the most serious and J the least serious. Hazards which fall into bands A to C are Category 1 hazards, while those in bands D to J are Category 2 hazards.

In simple terms, the greater the risk (likelihood), or more serious the outcome, the higher the overall score. An example of a high score would be a gas water heater leaking carbon monoxide: the risk is high and the outcome could be death.

Councils have a duty under the Housing Act to take action if they discover a category 1 hazard in a property, and a power to take action to deal with a category 2 hazard.

What next?

Councils should first approach the landlord informally. However, the amount of leeway allowed to a landlord informally is at the council's discretion. If the landlord does not respond, the council is most likely to move into formal action by serving an improvement notice requiring that the hazard(s) be removed or minimised within a set time, generally 28 days. In more serious cases, a council may serve a prohibition order banning the use of all or part of a dwelling.

If a Category 1 hazard is thought to represent an ‘imminent risk of serious harm’ to the occupants, the council can serve an emergency notice to remove the hazard (for example, dangerous electrical wiring). Such a notice allows a council to enter the premises and take urgent action to deal with the hazard. Councils can then charge owners for the cost of the work. Councils can also use emergency prohibition orders to stop access to all or part of a building with immediate effect. Even without using emergency powers, a council can, with or without the agreement of the owner, carry out the works required in a notice and charge accordingly.

Alternatively, councils can prosecute owners for failing to comply with an improvement notice or prohibition order. Such cases are heard in magistrates’ courts.

For minor hazards, a council could serve a hazard awareness notice. Such notices are simply advice and do not actually require owners to do anything.

Appeal

An owner or agent who has an improvement notice or prohibition order served can appeal, normally within 21 days.

Appeals are heard by a Residential Property Tribunal (RPT) set up under the Act.

The main grounds for appeal are likely to be that the deficiency is not a hazard and/or that the work required is excessive.

RPTs may also mediate between local councils and owners/agents to try to resolve matters without a formal hearing.

Can you do anything now?

anything now? A lot of this is about common sense and using your own eyes. Some of the most serious hazards are easily identifiable and not expensive to deal with. A Category 1 hazard could, for example, be dealt with by fitting a lock to a window or putting up a handrail.

The key is to inspect your property, inside and out, asking yourself whether anything could be a potential danger to an old person or a child – regardless of who your current tenants actually are. Remember, you also have a duty to their visitors.

You could also have an independent survey of your property carried out under HHSRS. Most private surveyors will be able to provide a service but ensure that the surveyor is fully conversant with the HHSRS as inspections differ significantly from traditional structural surveys.

There are also a number of independent Environmental Health Officers who will be able to carry out a survey.