Housing Bill

House of Commons

Session 2003 - 04
Internet Publications
Other Bills before Parliament

Housing Bill

Housing Bill
Part 1 — Housing conditions
Chapter 1 — Enforcement of housing standards: general
1

A
Bill
To
Make provision about housing conditions; to regulate houses in multiple occupation
and certain other residential accommodation; to make provision for home
information packs in connection with the sale of residential properties; to make
provision about secure tenants and the right to buy; to make other provision about
housing; and for connected purposes.
Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and
consent of the Lords Spiritual and Temporal, and Commons, in this present
Parliament assembled, and by the authority of the same, as follows:—
Part 1
Housing conditions
Chapter 1
Enforcement of housing standards: general
New system for assessing housing conditions
5
1
New system for assessing housing conditions and enforcing housing
standards
(1)
This Part provides—
(a)
for a new system of assessing the condition of residential premises, and
(b)
for that system to be used in the enforcement of housing standards in
10
relation to such premises.
(2)
The new system—
(a)
operates by reference to the existence of category 1 or category 2
hazards on residential premises (see section 2), and
(b)
replaces the existing system based on the test of fitness for human
15
habitation contained in section 604 of the Housing Act 1985 (c. 68).
(3)
The kinds of enforcement action which are to involve the use of the new system
are—

Bill 11 53/3

Housing Bill
Part 1 — Housing conditions
Chapter 1 — Enforcement of housing standards: general
2

(a)
the new kinds of enforcement action contained in Chapter 2
(improvement notices, prohibition orders and hazard awareness
notices), and
(b)
the existing ones dealt with in Chapter 3 (demolition orders and slum
clearance declarations).
5
(4)
In this Part “residential premises” means—
(a)
a dwelling;
(b)
an HMO;
(c)
unoccupied HMO accommodation;
(d)
any common parts of a building containing one or more flats.
10
(5)
In this Part—

“building containing one or more flats” does not include an HMO;

“common parts”, in relation to a building containing one or more flats,
includes—
(a)
the structure and exterior of the building, and
15
(b)
common facilities provided (whether or not in the building) for
persons who include the occupiers of one or more of the flats;

“dwelling” means a building or part of a building occupied or intended to
be occupied as a separate dwelling;

“external common parts”, in relation to a building containing one or more
20
flats, means common parts of the building which are outside it;

“flat” means a separate set of premises (whether or not on the same
floor)—
(a)
which forms part of a building,
(b)
which is constructed or adapted for use for the purposes of a
25
dwelling, and
(c)
either the whole or a material part of which lies above or below
some other part of the building;

“HMO” means a house in multiple occupation as defined by sections 191
to 195, as they have effect for the purposes of this Part (that is, without
30
the exclusions contained in Schedule 9);

“unoccupied HMO accommodation” means a building or part of a
building constructed or adapted for use as a house in multiple
accommodation but for the time being either unoccupied or only
occupied by persons whose occupation does not satisfy the test in
35
section 191(1)(b) (occupation by persons not forming single
household).
(6)
In this Part any reference to a dwelling, an HMO or a building containing one
or more flats includes (where the context permits) any yard, garden, outhouses
and appurtenances belonging to, or usually enjoyed with, the dwelling, HMO
40
or building (or any part of it).
(7)
The following indicates how this Part applies to flats—
(a)
references to a dwelling or an HMO include a dwelling or HMO which
is a flat (as defined by subsection (5)); and
(b)
subsection (6) applies in relation to such a dwelling or HMO as it
45
applies in relation to other dwellings or HMOs (but it is not to be taken
as referring to any common parts of the building containing the flat).

Housing Bill
Part 1 — Housing conditions
Chapter 1 — Enforcement of housing standards: general
3

(8)
This Part applies to unoccupied HMO accommodation as it applies to an
HMO, and references to an HMO in subsections (6) and (7) and in the following
provisions of this Part are to be read accordingly.
2
Meaning of “category 1 hazard” and “category 2 hazard”
(1)
In this Act—
5

“category 1 hazard” means a hazard of a prescribed description which
falls within a prescribed band as a result of achieving, under a
prescribed method for calculating the seriousness of hazards of that
description, a numerical score of or above a prescribed amount;

“category 2 hazard” means a hazard of a prescribed description which
10
falls within a prescribed band as a result of achieving, under a
prescribed method for calculating the seriousness of hazards of that
description, a numerical score below the minimum amount prescribed
for a category 1 hazard of that description; and

“hazard” means any risk of harm to the health or safety of an actual or
15
potential occupier of a dwelling or HMO which arises from a deficiency
in the dwelling or HMO or in any building or land in the vicinity
(whether the deficiency arises as a result of the construction of any
building, an absence of maintenance or repair, or otherwise).
(2)
In subsection (1)—
20

“prescribed” means prescribed by regulations made by the appropriate
national authority (see section 196(1)); and

“prescribed band” means a band so prescribed for a category 1 hazard or
a category 2 hazard, as the case may be.
(3)
Regulations under this section may, in particular, prescribe a method for
25
calculating the seriousness of hazards which takes into account both the
likelihood of the harm occurring and the severity of the harm if it were to occur.
(4)
In this section—

“building” includes part of a building;

“harm” includes temporary harm.
30
(5)
In this Act “health” includes mental health.
Procedure for assessing housing conditions
3
Local housing authorities to review housing conditions in their districts
(1)
At least once in every year a local housing authority must consider the housing
conditions in their district with a view to determining what action to take
35
under the provisions mentioned in subsection (2).
(2)
The provisions are—
(a)
the following provisions of this Act—
(i)
this Part,
(ii)
Part 2 (licensing of HMOs),
40
(iii)
Part 3 (selective licensing of other houses), and
(iv)
Part 4 (interim and final management orders etc.);
(b)
Part 9 of the Housing Act 1985 (c. 68) (demolition orders and slum
clearance);

Housing Bill
Part 1 — Housing conditions
Chapter 1 — Enforcement of housing standards: general
4

(c)
Part 7 of the Local Government and Housing Act 1989 (c. 42) (renewal
areas); and
(d)
article 3 of the Regulatory Reform (Housing Assistance) (England and
Wales) Order 2002 (S.I. 2002/1860).
(3)
For the purpose of carrying out their duty under subsection (1) a local housing
5
authority and their officers must—
(a)
comply with any directions that may be given by the appropriate
national authority, and
(b)
keep such records, and supply the appropriate national authority with
such information, as that authority may specify.
10
4
Inspections by local housing authorities to see whether category 1 or 2
hazards exist
(1)
If an official complaint about the condition of any residential premises in the
district of a local housing authority is made to the proper officer of the
authority, and the circumstances complained of indicate—
15
(a)
that any category 1 or category 2 hazard may exist on those premises, or
(b)
that an area in the district should be dealt with as a clearance area,

the proper officer must inspect the premises or area.
(2)
In this section “an official complaint” means a complaint in writing made by—
(a)
a justice of the peace having jurisdiction in any part of the district, or
20
(b)
the parish or community council for a parish or community within the
district.
(3)
If, in the case of any residential premises in the district of a local housing
authority—
(a)
no official complaint has been made about the condition of those
25
premises, but
(b)
as the result of a review under section 3 or for any other reason a local
housing authority consider that it would be appropriate for an
inspection of those premises to be carried out with a view to
determining whether any category 1 or category 2 hazard exists on the
30
premises,

the authority must arrange for such an inspection to be carried out.
(4)
An inspection of any premises under subsection (1) or (3)—
(a)
is to be carried out in accordance with regulations made by the
appropriate national authority; and
35
(b)
is to extend to so much of the premises as the local housing authority
consider appropriate in the circumstances having regard to any
applicable provisions of the regulations.
(5)
Regulations under subsection (4) may in particular make provision about—
(a)
the manner in which, and the extent to which, premises are to be
40
inspected under subsection (1) or (3), and
(b)
the manner in which the assessment of hazards is to be carried out.
(6)
Where an inspection under subsection (1) or (3) has been carried out and the
proper officer of a local housing authority is of the opinion—
(a)
that a category 1 hazard exists on any residential premises in the
45
authority’s district, or

Housing Bill
Part 1 — Housing conditions
Chapter 1 — Enforcement of housing standards: general
5

(b)
that an area in their district should be dealt with as a clearance area,

the officer must, without delay, make a report in writing to the authority which
sets out his opinion together with the facts of the case.
(7)
The authority must consider any report made to them under subsection (6) as
soon as possible.
5
Enforcement of housing standards
5
Category 1 hazards: general duty to take enforcement action
(1)
If a local housing authority consider that a category 1 hazard exists on any
residential premises, they must take the appropriate enforcement action in
relation to the hazard.
10
(2)
In subsection (1) “the appropriate enforcement action” means whichever of the
following courses of action is indicated by subsection (3) or (4)—
(a)
serving an improvement notice under section 9;
(b)
making a prohibition order under section 18;
(c)
serving a hazard awareness notice under section 26;
15
(d)
making a demolition order under subsection (1) or (2) of section 265 of
the Housing Act 1985 (c. 68);
(e)
declaring the area in which the premises concerned are situated to be a
clearance area by virtue of section 289(2) of that Act.
(3)
If only one course of action within subsection (2) is available to the authority in
20
relation to the hazard, they must take that course of action.
(4)
If two or more courses of action within subsection (2) are available to the
authority in relation to the hazard, they must take the course of action which
they consider to be most appropriate of those available to them.
(5)
The taking by the authority of a course of action within subsection (2) does not
25
prevent subsection (1) from requiring them to take in relation to the same
hazard—
(a)
either the same course of action again or another such course of action,
if they consider that the action taken by them so far has not proved
satisfactory, or
30
(b)
another such course of action, where the first course of action is that
mentioned in subsection (2)(e) and their eventual decision under
section 289(2F) of the Housing Act 1985 means that the premises
concerned are not to be included in a clearance area.
(6)
To determine whether a course of action mentioned in any of paragraphs (a) to
35
(e) of subsection (2) is “available” to the authority in relation to the hazard, see
the provision mentioned in that paragraph.
(7)
Section 6 applies for the purposes of this section.
6
Category 1 hazards: how duty under section 5 operates in certain cases
(1)
This section explains the effect of paragraphs (b), (d) and (e) of subsection (2)
40
of section 5.
(2)
In the case of paragraph (b) or (d) of that subsection, the reference to making
an order such as is mentioned in that paragraph is to be read as a reference to

Housing Bill
Part 1 — Housing conditions
Chapter 1 — Enforcement of housing standards: general
6

making instead a determination under section 300(1) or (2) of the Housing Act
1985 (power to purchase for temporary housing use) in a case where the
authority consider the latter course of action to be the better alternative in the
circumstances.
(3)
In the case of paragraph (e) of that subsection—
5
(a)
any duty to take the course of action mentioned in that paragraph is
subject to the operation of subsections (2B) to (4) and (5B) of section 289
of the Housing Act 1985 (c. 68) (procedural and other restrictions
relating to slum clearance declarations); and
(b)
that paragraph does not apply in a case where the authority have
10
already declared the area in which the premises concerned are situated
to be a clearance area in accordance with section 289, but the premises
have been excluded by virtue of section 289(2F)(b).
7
Category 2 hazards: powers to take enforcement action
(1)
The provisions mentioned in subsection (2) confer power on a local housing
15
authority to take particular kinds of enforcement action in cases where they
consider that a category 2 hazard exists on residential premises.
(2)
The provisions are—
(a)
section 10 (power to serve an improvement notice),
(b)
section 19 (power to make a prohibition order),
20
(c)
section 27 (power to serve a hazard awareness notice), and
(d)
section 265(3) and (4) of the Housing Act 1985 (power to make a
demolition order).
(3)
The taking by the authority of one of those kinds of enforcement action in
relation to a particular category 2 hazard does not prevent them from taking
25
either—
(a)
the same kind of action again, or
(b)
a different kind of enforcement action,

in relation to the hazard, where they consider that the action taken by them so
far has not proved satisfactory.
30
8
Guidance about inspections and enforcement action
(1)
The appropriate national authority may give guidance to local housing
authorities about exercising—
(a)
their functions under this Chapter in relation to the inspection of
premises and the assessment of hazards,
35
(b)
their functions under Chapter 2 of this Part in relation to improvement
notices, prohibition orders or hazard awareness notices, or
(c)
their functions under Part 9 of the Housing Act 1985 in relation to
demolition orders and slum clearance.
(2)
A local housing authority must have regard to any guidance for the time being
40
given under this section.
(3)
The appropriate national authority may give different guidance for different
cases or descriptions of case or different purposes (including different
guidance to different descriptions of local housing authority or to local housing
authorities in different areas).
45

Housing Bill
Part 1 — Housing conditions
Chapter 2 — Improvement notices, prohibition orders and hazard awareness notices
7

(4)
Before giving guidance under this section, or revising guidance already given,
the Secretary of State must lay a draft of the proposed guidance or alterations
before each House of Parliament.
(5)
The Secretary of State must not give or revise the guidance before the end of
the period of 40 days beginning with the day on which the draft is laid before
5
each House of Parliament (or, if copies are laid before each House of
Parliament on different days, the later of those days).
(6)
The Secretary of State must not proceed with the proposed guidance or
alterations if, within the period of 40 days mentioned in subsection (5), either
House resolves that the guidance or alterations be withdrawn.
10
(7)
Subsection (6) is without prejudice to the possibility of laying a further draft of
the guidance or alterations before each House of Parliament.
(8)
In calculating the period of 40 days mentioned in subsection (5), no account is
to be taken of any time during which Parliament is dissolved or prorogued or
during which both Houses are adjourned for more than four days.
15
Chapter 2
Improvement notices, prohibition orders and hazard awareness notices
Improvement notices
9
Improvement notices relating to category 1 hazards: duty of authority to serve
notice
20
(1)
If—
(a)
the local housing authority are satisfied that a category 1 hazard exists
on any residential premises, and
(b)
no interim or final management order is in force in relation to the
premises under Part 4,
25

serving an improvement notice under this section in respect of the hazard is a
course of action available to the authority in relation to the hazard for the
purposes of section 5 (category 1 hazards: general duty to take enforcement
action).
(2)
An improvement notice under this section is a notice requiring the person on
30
whom it is served to take such remedial action in respect of the hazard
concerned as is specified in the notice in accordance with subsections (3) to (5)
and section 11.
(3)
The notice may require remedial action to be taken in relation to the following
premises—
35
(a)
if the residential premises on which the hazard exists are a dwelling or
HMO which is not a flat, it may require such action to be taken in
relation to the dwelling or HMO;
(b)
if those premises are one or more flats, it may require such action to be
taken in relation to the building containing the flat or flats (or any part
40
of the building) or any external common parts;
(c)
if those premises are the common parts of a building containing one or
more flats, it may require such action to be taken in relation to the
building (or any part of the building) or any external common parts.