Menu


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