The Housing Health and Safety Rating System (Wales) Regulations 2006

The title of these Regulations is the Housing Health and Safety Rating System (Wales) Regulations 2006 and they come into force on 30 June 2006.

These Regulations apply in relation to residential premises in Wales^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.

have regard to any guidance for the time being given under section 9 of the Act in relation to the inspection of 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 must be calculated in accordance with paragraphs (2) to (4) of this regulation.

The inspector must 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 must 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 must—

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

Where—

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

In this regulation—

• “relevant occupier” (“meddiannydd perthnasol”) 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 6(a) 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)

     paragraph 17, 22, 23 or 25 of Schedule 1, an occupier under the age of 5 years;

  7. (g)

     paragraph 19, 20, 21, 24 or 28 of Schedule 1, an occupier aged 60 years or over;

  8. (h)

     paragraph 26—

     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)

     in 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 must have regard to any guidance for the time being given under section 9 of the Act.

a hazard falling within band A, B or C of Table 3 is a category 1 hazard; and

a hazard falling within any other band in that Table is a category 2 hazard.

carbon monoxide;

nitrogen dioxide;

sulphur dioxide and smoke.

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.

facilities for maintaining good personal hygiene;

sanitation and drainage.

controlled fire or flames;

hot objects, liquid or vapours.

death from any cause;

lung cancer;

mesothelioma and other malignant tumours;

permanent paralysis below the neck;

regular severe pneumonia;

permanent loss of consciousness;

80% burn injuries.

cardio-respiratory disease;

asthma;

non-malignant respiratory diseases;

lead poisoning;

anaphylactic shock;

cryptosporidiosis;

legionnaires disease;

myocardial infarction;

mild stroke;

chronic confusion;

regular severe fever;

loss of a hand or foot;

serious fractures;

serious burns;

loss of consciousness for days.

eye disorders;

rhinitis;

hypertension;

sleep disturbance;

neuropsychological impairment;

sick building syndrome;

regular and persistent dermatitis, including contact dermatitis;

allergy;

gastro-enteritis;

diarrhoea;

vomiting;

chronic severe stress;

mild heart attack;

malignant but treatable skin cancer;

loss of a finger;

fractured skull and severe concussion;

serious puncture wounds to head or body;

severe burns to hands;

serious strain or sprain injuries;

regular and severe migraine.

pleural plaques;

occasional severe discomfort;

benign tumours;

occasional mild pneumonia;

broken finger;

slight concussion;

moderate cuts to face or body;

severe bruising to body;

regular serious coughs or colds.