Assessing Condition

Part 1 of The HA2004 is concerned with assessing housing conditions and reducing health and safety hazards using the HHSRS. The HHSRS covers 29 potential hazards in the home. It is a risk assessment approach which looks firstly at the likelihood of someone becoming ill or injured and secondly, how badly harmed a person could be as a result. Any rated hazard is done so with the person (age) most vulnerable to the hazard.

The HHSRS applies to all residential premises regardless of tenure or whether a dwelling is occupied. The Council has a duty to inspect premises where there is a suspected hazard.

The Council is under a duty to take enforcement action in relation to the most dangerous health and safety hazards referred to as Category 1 Hazards (those which have a hazard rating within bands A, B or C).

The Council has the power to deal with less dangerous Category 2 Hazards (bands D to J). The Council may take enforcement action in relation to Category 2 hazards where it makes the judgement that it would be appropriate to the particular circumstances of the case. The following circumstances will be considered when deciding whether to take action in relation to Category 2 hazards:

• A Category 2 hazard exists in addition to one or more Category 1 hazards;
• Where the occupier is at a specific risk from the hazard due to illness, disability or vulnerability (age group);
• Where the cumulative effect from multiple Category 2 hazards creates a more serious situation;
• Where the benefits of carrying out the work outweigh the costs of their execution; Torbay 
• Where specific local hazards have been identified and targeted for action.

When a Category 1 hazard or relevant Category 2 hazard (as described above) is identified, the Council will decide which of the available enforcement options is most appropriate to use as described in ‘Statutory Notices’ below. We will consider the HHSRS Enforcement Guidance in order to reach this determination.

Following the identification of a significant HHSRS hazard, the Council may, as far as practically possible and reasonable according to the circumstances of the case, seek the views of occupiers, owners and interested parties on the hazard(s) identified and work required. These views will be taken into account when deciding the most appropriate course of enforcement action. Where the Council is confident that action will be taken to address the hazard within a reasonable time scale, it is appropriate to the circumstances of the case and it would not obstruct an occupier’s right to protection under another piece of legislation, an informal enforcement approach may be taken in the first instance.