The Housing Health and Safety Rating System (England) Regulations 2005

These Regulations may be cited as the Housing Health and Safety Rating System (England) Regulations 2005 and shall come into force on 6th April 2006.

These Regulations apply in relation to residential premises in England only^f1.

A hazard is of a prescribed description for the purposes of the Act where the risk of harm is associated with the occurrence of any of the matters or circumstances listed in Schedule 1.

In Schedule 1, a reference to a matter or circumstance is, unless otherwise stated, to a matter or circumstance in or, as the case may be, at the dwelling or HMO in question, or in any building or land in the vicinity of the dwelling or HMO.

exposure to uncontrolled fire and associated smoke and fumes,

an explosion, or

the collapse of the whole or part of a building as a result of fire or an explosion.

have regard to any guidance for the time being given under section 9 of the Act in relation to the inspection of residential premises;

inspect any residential premises with a view to preparing an accurate record of their state and condition; and

prepare and keep such a record in written or in electronic form.

Where, following an inspection of residential premises under section 4 of the Act, the inspector—

the seriousness of that hazard shall be calculated in accordance with paragraphs (2) to (4) of this regulation.

The inspector shall assess the likelihood, during the period of 12 months beginning with the date of the assessment, of a relevant occupier suffering any harm as a result of that hazard as falling within one of the range of ratios of likelihood set out in column 1 of Table 1.

The inspector shall assess which of the four classes of harm (set out in Schedule 2) a relevant occupier is most likely to suffer during the period mentioned in paragraph (2).

The inspector shall—

When the inspector has assessed likelihood under paragraph (2) and assessed the possibility of each harm occurring under paragraph (3), the seriousness of that hazard shall be expressed by a numerical score calculated using the following formula—

Where—

• $$\mathrm{S1}=\mathrm{10000}\times \genfrac{}{}{0.1ex}{}{1}{L}\times \mathrm{O1}$$$$\mathrm{S2}=\mathrm{1000}\times \genfrac{}{}{0.1ex}{}{1}{L}\times \mathrm{O2}$$$$\mathrm{S3}=\mathrm{300}\times \genfrac{}{}{0.1ex}{}{1}{L}\times \mathrm{O3}$$$$\mathrm{S4}=\mathrm{10}\times \genfrac{}{}{0.1ex}{}{1}{L}\times \mathrm{O4}$$

For the purposes of the formula in paragraph (5)—

In this regulation—

• “relevant occupier” means, where the risk of harm concerned is associated with the occurrence of any of the matters or circumstances listed in—

  1. (a)

     paragraph 1 of Schedule 1, an occupier under the age of 15 years;

  2. (b)

     paragraph 2, 3 or F104A(b) of Schedule 1, an occupier aged 65 years or over;

  3. (c)

     paragraph 7 of Schedule 1, an occupier under the age of 3 years;

  4. (d)

     paragraph 8 of Schedule 1, an occupier aged 60 years or over who has been exposed to radon since birth;

  5. (e)

     paragraph 11 of Schedule 1, the actual occupier;

  6. (f)

     F11paragraphs 14A(5) and (6), 22, 23 or 25 of Schedule 1, an occupier under the age of 5 years;

  7. (g)

     paragraph F1218A, 20, 21, F1323A(1) or F1425A(2) of Schedule 1, an occupier aged 60 years or over;

  8. (h)

     paragraph F1525A(1)—

     1. (i)

        except where a collision is with low architectural features, an occupier under the age of 5 years, and

     2. (ii)

        where a collision is with low architectural features, an occupier aged 16 years or over;

  9. (i)

     any other paragraph of Schedule 1, any occupier; and

• “RSPPR” means the representative scale point of the percentage range.

In making assessments under this regulation, an inspector shall have regard to any guidance for the time being given under section 9 of the Act.

a hazard falling within F1the High band in Table 3 is a category 1 hazard; and

a hazard falling within F2the Medium or Low bands in that Table is a category 2 hazard.

chemicals used to treat timber and mould growth;

carbon monoxide;

nitrogen dioxide;

sulphur dioxide and smoke;

uncombusted fuel gas;

volatile organic compounds.

An inadequate provision of facilities for the storage, preparation and cooking of food.

Poor design, layout, or construction such that the dwelling or HMO cannot readily be kept clean.

Exposure to pests.

An inadequate provision for the hygienic storage and disposal of household waste.

An inadequate provision of facilities for maintaining good personal hygiene.

An inadequate provision of sanitation and drainage.

Falls associated with toilets, baths, showers or other washing facilities.

Falling on any level surface.

Falling between surfaces where the change in level is less than 300 millimetres.

Exposure to uncontrolled fire and associated smoke and fumes.

An explosion.

controlled fire or flames;

hot objects, liquid or vapours.

Collision with, or entrapment of body parts in, doors, windows or other architectural features.

The position, location, and operability of amenities, fittings and equipment.

A harm is within the extreme class of harm if, as a result of the hazard in question, extreme harm is reasonably foreseeable.

Extreme harm includes—

A harm is within the severe class of harm if, as a result of the hazard in question, severe harm is reasonably foreseeable.

Severe harm includes—

A harm is within the serious class of harm if, as a result of the hazard in question, serious harm is reasonably foreseeable.

Serious harm includes—

A harm is within the moderate class of harm if, as a result of the hazard in question, moderate harm is reasonably foreseeable.

Moderate harm includes—