{
  "url": "https://openlegislation.uk/draft-hazards-in-social-housing-prescribed-requirements-england-regulations-2025/regulation-3",
  "json_url": "https://openlegislation.uk/draft-hazards-in-social-housing-prescribed-requirements-england-regulations-2025/regulation-3.json",
  "legislation": "ukdsi/2025/9780348273083",
  "legislation_title": "The Hazards in Social Housing (Prescribed Requirements) (England) Regulations 2025",
  "legislation_url": "https://openlegislation.uk/draft-hazards-in-social-housing-prescribed-requirements-england-regulations-2025",
  "path": "regulation/3",
  "kind": "regulation",
  "number": "3",
  "heading": "Meaning of “significant hazard” and “emergency hazard”",
  "text": "(1) In these Regulations—\n(a) “significant hazard” means, in relation to a social home, a relevant hazard that poses a significant risk of harm to the health or safety of an occupier of the social home;\n(b) “significant risk of harm” means a risk of harm to the occupier’s health or safety that a reasonable lessor with the relevant knowledge would take steps to make safe as a matter of urgency (but not within 24 hours);\n(c) “emergency hazard” means, in relation to a social home, a relevant hazard that poses an imminent and significant risk of harm to the health or safety of an occupier of the social home;\n(d) “imminent and significant risk of harm” means a risk of harm to the occupier’s health or safety that a reasonable lessor with the relevant knowledge would take steps to make safe within 24 hours.\n(2) In paragraph (1)—\n“relevant hazard” means a hazard affecting a social home that—\n(a) is a prescribed hazard where—\n(i) in relation to a significant hazard, the risk of harm is associated with exposure to damp, mould or fungal growth, or\n(ii) in relation to an emergency hazard, the risk of harm is not associated with a lack of adequate space for living and sleeping (or either of those things),\n(b) arises from a deficiency in the social home, or in any building, part of a building or land in the vicinity of the social home, for which the lessor is responsible, and\n(c) is not wholly or mainly attributable to—\n(i) the lessee’s breach of a covenant under the lease, or\n(ii) disrepair which the lessor is not obliged to make good because of an exclusion or modification under section 12 of the Landlord and Tenant Act 1985 (power of county court to authorise exclusions or modifications in leases in respect of repairing obligations);\n“relevant knowledge” means the knowledge that the lessor of the social home has, or reasonably ought to have, about the health and circumstances of the occupier.\n(3) For the purposes of paragraph (2), a lessor is “responsible” for a building, part of a building or land if—\n(a) the lessor is required, under a lease or by virtue of an enactment, to repair or maintain it, or\n(b) the lessor holds a legal estate in possession in it and no other person is required, under a lease or by virtue of an enactment, to repair or maintain it (but the reference to “possession” does not include the receipt of rents and profits or the right to receive the same).",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "footnote",
      "label": "f1",
      "text": "See section 10A(7) of the Landlord and Tenant Act 1985 for the definition of “prescribed hazard”."
    },
    {
      "type": "footnote",
      "label": "f2",
      "text": "See section 10A(7) of the Landlord and Tenant Act 1985 for the definition of “lessee”."
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ukdsi/2025/9780348273083/regulation/3",
    "retrieved_at": "2026-10-30T14:38:58.608394+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}