Harrogate Borough Council

 
 

Enforcement Options

Assesment of Hazards
Using guidance issued by the DCLG (Department for Communities and Local Government), based on research by the University of Warwick, council officers rate each individual hazard present within a dwelling on a pre-determined scale.  This results in a hazard score for each of the 29 hazards incorporated within the Housing Health and Safety Rating System (HHSRS).  Scores are grouped into 10 bands from A to J with Band A representing the most severe hazards down to Band J representing those with minor health impact.  Hazard bands A to C are deemed "Category One Hazards".  The remaining Bands are deemed "Category Two".
 
The Local Authority will be guided by three main points when making an enforcement decision:
  • The HHSRS Hazard Rating
  • Whether the Local Authority has a duty or power under the act to take action
  • The best way of dealing with a hazard having regard to the enforcement guidance
Hazard Awareness Notice
  • Advisory notice only
  • Normally used only for Category Two hazards (unusually could be used for Category One hazards)
  • Often used where properties are owner-occupied
  • No time limit to commencement of remedial works
  • No follow up inspection
Improvement Notice
  • Used for Category One or Two hazards
  • Remedial work must begin no later that 28 days after notice has been issued (unless the notice has been appealed)
  • Suspension of notice is possible in certain circumstances e.g. where a person of a certain description begins or ceases to occupy the dwelling
  • Agreed time period for remedial work to be completed
  • Follow up visits to verify work has been completed
  • Failure to comply with the notice is a criminal offence
Prohibition Orders
  • Used for Category One or Two hazards
  • May prohibit use of part or all of a dwelling where hazards are identified e.g.
    • Serious threats to health and/or safety
    • To limit number of occupants
    • Prohibit use of dwelling to particular group
  • Suspension of the order is possible under certain circumstances e.g. where a person of a certain description begins or ceases to occupy the dwelling
  • Contravention of the order is a criminal offence
Emergency Action
  • Used for Category One hazards only
  • Used where there is considered to be an imminent risk to health and/or safety
  • Allows Local Authority to carry out immediate remedial action
  • Can also serve an emergency Prohibition Order which would have immediate effect
Demolition Orders
  • Used for Category One hazards only
  • Used where an imminent risk to health and/or safety has been identified
  • Property is considered to be beyond repair at reasonable cost
Clearance
  • As above but for a whole area
  • A number of properties all pose imminent and/or significant risk to health and/or safety
If you wish to appeal against the service of a notice or order, contact the Residential Property Tribunal Service on 0845 100 2614
RPTS
First Floor
25 York Street
MANCHESTER
M1 4JB
Harrogate Borough Council, Council Offices, Crescent Gardens, Harrogate, North Yorkshire, HG1 2SG, Tel: (01423) 500600