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Housing Health & Safety Rating System
The Act introduces a completely new method for assessing housing conditions. It will replace the Fitness Standard (s604 Housing Act 1985 (as amended)). The rating system will concentrate on health and safety in the home. Hazards will be identified and classified as either a Category 1 or a Category 2 hazard. The Council must take enforcement action to deal with Category 1 hazards and may take action to deal with Category 2 hazards. A. Physiological Requirements Damp and Mould Growth Excess Cold Excess Heat Asbestos (and man-made fibres) Biocides Carbon Monoxide etc Lead Radiation Uncombusted fuel gas Volatile Organic Compounds | B. Psychological Requirements Crowding and space Entry by Intruders Lighting Noise | C. Protection Against Infection Domestic hygiene Pests and Refuse Food Safety Personal Hygiene Sanitation and Drainage Water supply | D. Protection against Accidents Falls associated with baths Falls on the level Falls associated with stairs and steps Falls between levels Electrical hazards Fire Hot surfaces and materials Collision and Entrapment Explosions Position and Operability of Amenities Structural collapse and failing elements |
New types of enforcement action and notices will be introduced. These include: Serving an Improvement Notice requiring works to remove the hazard. Make a Prohibition Order prohibiting the use of residential dwellings or part of a residential dwelling. Serve a Hazard Awareness Notice advising of hazard and recommending remedial action. Take Emergency Remedial Action where there is imminent danger, the Council can also carry out emergency works. Make an Emergency Prohibition Order- where there is imminent danger, the Council can prohibit the use of property immediately. Make a Demolition Order requiring the property to be demolished. Declare a Clearance Area- designated areas will be demolished and redeveloped.
The owner of the property has options to appeal to the Residential Property Tribunal. Housing Health and Safety Rating System - Guidance for Landlords and Property Related Professionals Housing Health and Safety Rating System - Operating Guidance Housing Act 2004 - Enforcement Guidance: Part 1: Housing Conditions
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