Part 1 of The HA2004 is concerned with assessing housing conditions and reducing health and safety hazards using the HHSRS. The HHSRS covers 21 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 High (Category 1 Hazards), i.e. those which have a hazard score greater than 999.
The Council has the power to deal with less dangerous Mid & Low (Category 2 Hazards). The Council may take enforcement action in relation to Mid & Low 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 Mid & Low hazards:
When a High hazard or relevant Mid/Low 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.