If you are a landlord, a tenant, or a housing professional, you may have encountered the term HHSRS in the context of property inspections, enforcement notices, or housing disrepair claims.
It is one of the most important tools available to local authorities for assessing and enforcing housing standards in the private and social rented sectors, and it has direct and significant implications for both fire safety and electrical safety in residential properties.
This article explains what the HHSRS is, how it works, and how it relates to the fire and electrical safety obligations of landlords.
What is the HHSRS?
The Housing Health and Safety Rating System is a risk-based assessment framework introduced by the Housing Act 2004 and set out in detail in the Housing Health and Safety Rating System (England) Regulations 2005 (SI 2005/3208).
It replaced the previous Housing Fitness Standard, which had been criticised for being too simplistic and for failing to reflect the actual risks to health and safety posed by housing conditions.
The HHSRS is based on the principle that the primary purpose of a home is to provide a safe and healthy environment for its occupants and visitors, and that any deficiency in the condition of a dwelling that creates a risk to health or safety should be identified, assessed, and addressed.
The system identifies 29 categories of housing hazard, each of which is assessed in terms of the likelihood of a harmful occurrence and the potential severity of the harm that could result.
The 29 hazard categories cover a wide range of risks, from damp and mould growth, excess cold, and falls on stairs, through to fire, electrical hazards, carbon monoxide, and structural collapse.
Each hazard is given a numerical score based on the assessed likelihood and severity of harm, and the score determines whether the hazard is classified as a Category 1 hazard or a Category 2 hazard.
A Category 1 hazard is one that poses a serious risk to the health or safety of the occupants, and where the numerical score exceeds a defined threshold.
A Category 2 hazard is one that poses a lesser but still significant risk.
Who Does the HHSRS Apply To?
The HHSRS applies to all residential dwellings in England, including privately rented properties, social housing, and owner-occupied homes, though the enforcement powers available to local authorities are primarily directed at the private rented sector.
Local authorities have a duty under Section 5 of the Housing Act 2004 to take appropriate enforcement action where a Category 1 hazard is identified in a residential property.
For Category 2 hazards, local authorities have a discretionary power to take action, but are not under a duty to do so.
The enforcement action available to local authorities includes the service of an improvement notice requiring the landlord to carry out remedial works within a specified timeframe, the making of a prohibition order restricting or preventing the use of all or part of the property, the service of a hazard awareness notice advising the landlord of the hazard without requiring specific action, and in serious cases, emergency remedial action carried out by the local authority at the landlord’s expense.
Financial penalties of up to £30,000 can be imposed for certain Housing Act offences, and landlords who fail to comply with improvement notices or prohibition orders can be prosecuted.
How Does the HHSRS Assess Hazards?
The HHSRS assessment process involves the inspection of the property by a trained environmental health officer or other competent assessor, who identifies any hazards present and assesses each one using the HHSRS scoring methodology.
The score for each hazard is calculated by multiplying the likelihood of a harmful occurrence by a weighting factor that reflects the severity of the potential outcome, ranging from extreme outcomes such as death through to moderate outcomes such as minor injury or illness requiring no medical treatment.
The likelihood assessment takes into account the specific characteristics of the property and its occupancy, including the age and condition of the building, the nature of the hazard, and the characteristics of the actual or likely occupants, including their age, health, and vulnerability.
The HHSRS is therefore not a pass or fail system.
It is a risk-based assessment that reflects the actual conditions in the property and the actual risk to the actual or likely occupants, rather than applying a single standard to all properties regardless of their condition or occupancy.
This means that the same deficiency in two different properties may produce different HHSRS scores, depending on the characteristics of the occupants.
A lack of adequate fire detection in a property occupied by a young, able-bodied adult may produce a lower HHSRS score than the same deficiency in a property occupied by an elderly person with mobility impairments, because the risk of harm is assessed as greater for the more vulnerable occupant.
The Fire Hazard Under the HHSRS
Fire is one of the 29 hazard categories assessed under the HHSRS, and it is one of the most significant in terms of the potential severity of harm.
The fire hazard encompasses the risk of an uncontrolled fire starting within the dwelling and the risk of the occupants being harmed as a result.
The assessment of the fire hazard considers a wide range of factors, including the means of escape from the property, the presence and adequacy of fire detection and alarm systems, the provision of firefighting equipment, the condition of the building fabric and its fire resistance, the presence and condition of fire doors, the risk of fire starting from cooking, heating, electrical equipment, and other ignition sources, and the vulnerability of the occupants.
For landlords of residential properties, particularly HMOs and other higher-risk rental properties, the fire hazard is one of the most commonly identified HHSRS hazards and one of the most likely to be assessed as a Category 1 hazard requiring mandatory enforcement action.
Common fire hazard findings under the HHSRS include the absence or inadequacy of fire detection and alarm systems, deficient or missing fire doors, inadequate or obstructed means of escape, the storage of combustible materials in escape routes, inadequate compartmentation, and the absence of appropriate firefighting equipment.
Each of these findings must be assessed in the context of the specific property and its occupancy, and the HHSRS score will reflect the combined effect of the deficiencies identified and the vulnerability of the occupants.
The Link Between HHSRS Fire Hazard and the Regulatory Reform (Fire Safety) Order 2005
The HHSRS fire hazard assessment and the fire risk assessment required under the Regulatory Reform (Fire Safety) Order 2005 (SI 2005/1541) are related but distinct processes.
The RRO applies to the common parts of multi-occupied residential buildings, including blocks of flats and HMOs, and requires the Responsible Person to carry out a fire risk assessment of those common parts.
The HHSRS applies to the dwelling itself, including both the common parts and the individual residential units, and is used by local authorities as a basis for enforcement action.
In practice, the two processes are complementary.
A fire risk assessment carried out under the RRO will identify many of the same hazards that would be identified in an HHSRS inspection, and addressing the findings of the fire risk assessment will typically reduce the HHSRS fire hazard score.
Conversely, an HHSRS inspection that identifies Category 1 fire hazards will frequently reveal deficiencies that the Responsible Person was also required to address under the RRO, and local authority enforcement action under the Housing Act 2004 may run in parallel with enforcement action by the fire and rescue service under the RRO.
For landlords who are subject to both regimes, ensuring that the fire safety management of their properties meets the requirements of both the RRO and the HHSRS is essential.
The Electrical Hazard Under the HHSRS
Electrical hazards form one of the 29 hazard categories assessed under the HHSRS, and they are closely related to fire safety because electrical faults are one of the leading causes of residential fires in the United Kingdom.
The electrical hazard assessment considers the risks arising from the design, installation, and condition of the fixed electrical installation in the property, as well as the risks associated with the use of electrical equipment by occupants.
Specific factors considered in the electrical hazard assessment include the age and condition of the electrical installation, the adequacy of the consumer unit and its overcurrent protection devices, the condition of sockets, switches, and light fittings, the adequacy of earthing and bonding, the risk of electric shock from defective wiring or equipment, and the risk of fire arising from electrical faults, overloaded circuits, or defective appliances.
The electrical hazard is assessed separately from the fire hazard under the HHSRS, reflecting the fact that electrical deficiencies can cause harm through electric shock as well as through fire.
However, the two hazards are closely linked, and a property with a significant electrical hazard will often also have an elevated fire hazard score as a result of the increased risk of an electrical fire.
The Electrical Safety Standards in the Private Rented Sector (England) Regulations 2020
The Electrical Safety Standards in the Private Rented Sector (England) Regulations 2020 (SI 2020/312) introduced mandatory electrical installation inspection and testing requirements for privately rented properties, including HMOs, requiring landlords to ensure that the electrical installation is inspected and tested at least every five years by a qualified and competent person and that an Electrical Installation Condition Report is produced.
The EICR provides a detailed assessment of the condition of the electrical installation, identifying any deficiencies and classifying them according to their severity.
Deficiencies classified as Code 1, meaning danger present, requiring immediate action, or Code 2, meaning potentially dangerous, must be remediated within 28 days of the inspection or within the shorter timescale specified in the report.
The relationship between the EICR and the HHSRS electrical hazard assessment is important for landlords to understand.
An EICR that identifies Code 1 or Code 2 deficiencies is likely to contribute to an elevated HHSRS electrical hazard score, and a local authority that becomes aware of a property with significant electrical deficiencies may use its HHSRS enforcement powers in addition to, or instead of, its powers under the Electrical Safety Standards Regulations.
Conversely, an EICR that gives the installation a satisfactory rating provides strong evidence that the electrical installation meets an acceptable standard, and will significantly reduce the likelihood of an elevated HHSRS electrical hazard score.
For landlords, ensuring that their properties have a current and satisfactory EICR is therefore an important step in managing both the electrical safety of their properties and their HHSRS compliance.
The Relationship Between HHSRS and HMO Licensing
For HMO landlords, the HHSRS is directly linked to the HMO licensing regime under the Housing Act 2004.
Local authorities are required to take the HHSRS into account when assessing applications for HMO licences, and a property with Category 1 hazards will not be granted a licence until those hazards have been addressed.
The conditions attached to an HMO licence will typically reflect the fire and electrical safety requirements identified through the HHSRS and other assessments, and the local authority will inspect licensed properties to ensure that the licence conditions are being met.
A landlord who allows Category 1 hazards to develop in a licensed HMO risks having their licence revoked, as well as being subject to enforcement action under the Housing Act 2004 and the RRO.
The relationship between HMO licensing, HHSRS, and the RRO means that HMO landlords are subject to a particularly comprehensive and interlocking set of fire and electrical safety obligations, all of which must be understood and complied with simultaneously.
Proactive HHSRS Management for Landlords
The most effective approach for landlords in managing their HHSRS obligations is a proactive one.
Rather than waiting for a local authority inspection to identify hazards, landlords should take positive steps to assess and address the fire and electrical safety of their properties on a regular basis.
This means ensuring that fire risk assessments are carried out and kept up to date for all properties subject to the RRO, that electrical installations are inspected and tested in accordance with the Electrical Safety Standards Regulations 2020, that fire detection and alarm systems are maintained in accordance with BS 5839-6:2019, that fire doors are inspected and maintained in accordance with BS 8214:2016, and that means of escape are kept clear and adequate at all times.
It means responding promptly to any deficiencies identified in these assessments, and keeping clear records of the assessments carried out and the remedial actions taken.
And it means staying up to date with changes in legislation and guidance that may affect the fire and electrical safety standards applicable to their properties, including the ongoing implementation of the Building Safety Act 2022 and the associated secondary legislation.
Landlords who take a proactive approach to fire and electrical safety management are not only more likely to meet their HHSRS obligations and avoid enforcement action.
They are also more likely to maintain the confidence of their tenants, their mortgage lenders, and their insurers, and to avoid the far greater costs, both financial and human, that can result from a serious fire or electrical incident in one of their properties.
How We Can Help
At ESI: Fire Safety, we work with landlords, managing agents, and housing professionals to ensure that their properties meet the fire safety standards required by the RRO, the HHSRS, and the wider legislative framework for residential fire safety.
From fire risk assessments and fire door inspections through to advice on fire detection systems, means of escape, and the management of fire and electrical safety in HMOs and other residential properties, our team provides the expertise and support you need to manage your obligations and protect your tenants.
If you have concerns about the fire or electrical safety of your properties, or if you have received a notice or advice from your local authority in relation to HHSRS hazards, get in touch with our team today.
Further Reading and Key Legislation:
Housing Act 2004: https://www.legislation.gov.uk/ukpga/2004/34/contents
Housing Health and Safety Rating System (England) Regulations 2005 (SI 2005/3208): https://www.legislation.gov.uk/uksi/2005/3208/contents/made
Regulatory Reform (Fire Safety) Order 2005 (SI 2005/1541): https://www.legislation.gov.uk/uksi/2005/1541/contents/made
Electrical Safety Standards in the Private Rented Sector (England) Regulations 2020 (SI 2020/312): https://www.legislation.gov.uk/uksi/2020/312/contents/made
Fire Safety Act 2021 (c.24): https://www.legislation.gov.uk/ukpga/2021/24/contents/enacted
Fire Safety (England) Regulations 2022 (SI 2022/547): https://www.legislation.gov.uk/uksi/2022/547/contents/made
Building Safety Act 2022 (c.30): https://www.legislation.gov.uk/ukpga/2022/30/contents/enacted
BS 5839-6:2019 Fire detection and alarm systems for buildings: https://www.bsigroup.com
BS 8214:2016 Timber-based fire door assemblies: https://www.bsigroup.com
GOV.UK HHSRS guidance: https://www.gov.uk/government/publications/housing-health-and-safety-rating-system-guidance-for-landlords-and-property-related-professionals
This post is intended as a general guide. HHSRS assessments are complex and the outcome of any assessment will depend on the specific conditions of the property and the characteristics of its occupants. Always seek advice from a qualified professional for guidance specific to your property and circumstances.
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