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

• Citation: S.I. 2006/1702 (W.)
• Sections: 41

Section 1 Title, commencement and application

(1) 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.

(2) These Regulations apply in relation to residential premises in Wales .

Section 2 Interpretation

In these Regulations—

“ the Act ” (“ Y Ddeddf ”) means the Housing Act 2004;

“harm” (“ niwed ”) means harm which is within any of Classes I to IV as set out in Schedule 2 to these Regulations;

“inspector” (“ arolygydd ”) means a person carrying out an inspection under section 4 of the Act (inspections by local housing authorities to see whether a category 1 or 2 hazard exists); and

except in regulation 6(7)(e), “occupier” (“ meddiannydd ”) includes potential occupier.

Section 3 Prescribed descriptions of hazard

(1) 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.

(2) 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.

Section 4 Prescribed fire hazard

For the purposes of section 10 of the Act a category 1 or 2 hazard is a prescribed fire hazard if the risk of harm is associated with exposure to uncontrolled fire and associated smoke.

Section 5 Inspections

An inspector must—

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

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

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

Section 6 Seriousness of hazards

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

(a) determines that a hazard of a prescribed description exists; and

(b) considers, having regard to any guidance for the time being given under section 9 of the Act in relation to the assessment of hazards, that it is appropriate to calculate the seriousness of that hazard,

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

(2) 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.

(3) 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).

(4) The inspector must—

(a) assess the possibility of each of the other classes of harm occurring as a result of that hazard, as falling within one of the range of percentages of possibility set out in column 1 of Table 2;

(b) record each possibility so assessed as the corresponding RSPPR set out in column 2 of Table 2; and

(c) record the possibility (which is known for the purposes of the formula in paragraph (5), as the RSPPR) of the most likely class of harm occurring as a percentage calculated using the following formula—

Where—

A is the RSPPR recorded under sub-paragraph (b) as the second most likely class of harm;

B is the RSPPR recorded under sub-paragraph (b) as the third most likely class of harm; and

C is the RSPPR recorded under sub-paragraph (b) as the fourth most likely class of harm.

(5) 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—

10000 × (1/L) × O1

1000 × (1/L) × O2

300 × (1/L) × O3

10 × (1/L) × O4

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

(a) L is the representative scale point of range in column 2 of Table 1 corresponding to the range that has been recorded under paragraph (2);

(b) O1 is the RSPPR recorded under paragraph (4) in relation to Class I harm;

(c) O2 is the RSPPR recorded under paragraph (4) in relation to Class II harm;

(d) O3 is the RSPPR recorded under paragraph (4) in relation to a Class III harm;

(e) O4 is the RSPPR recorded under paragraph (4) in relation to Class IV harm.

(7) 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—

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

paragraph 2, 3 or 6(a) of Schedule 1, an occupier aged 65 years or over;

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

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

paragraph 11 of Schedule 1, the actual occupier;

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

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

paragraph 26—

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

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

in any other paragraph of Schedule 1, any occupier; and

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

(8) 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.

Section 7 Prescribed bands

For the purposes of the Act a hazard falls within a band identified by a letter in column 1 of Table 3 where it achieves a numerical score calculated in accordance with regulation 6(5) which is within the range corresponding to that letter in column 2 of that Table.

Section 8 Category of hazard

For the purposes of the Act—

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

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

Section 1 Damp and mould growth

Exposure to house dust mites, damp, mould or fungal growths.

Section 2 Excess cold

Exposure to low temperatures.

Section 3 Excess heat

Exposure to high temperatures.

Section 4 Asbestos and MMF

Exposure to asbestos fibres or manufactured mineral fibres.

Section 5 Biocides

Exposure to chemicals used to treat timber and mould growth.

Section 6 Carbon monoxide and fuel combustion products

Exposure to—

(a) carbon monoxide;

(b) nitrogen dioxide;

(c) sulphur dioxide and smoke.

Section 7 Lead

The ingestion of lead.

Section 8 Radiation

Exposure to radiation.

Section 9 Uncombusted fuel gas

Exposure to uncombusted fuel gas.

Section 10 Volatile organic compounds

Exposure to volatile organic compounds.

Section 11 Crowding and space

A lack of adequate space for living and sleeping.

Section 12 Entry by intruders

Difficulties in keeping the dwelling or HMO secure against unauthorised entry.

Section 13 Lighting

A lack of adequate lighting.

Section 14 Noise

Exposure to noise.

Section 15 Domestic hygiene, pests and refuse

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

(2) Exposure to pests.

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

Section 16 Food safety

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

Section 17 Personal hygiene, sanitation and drainage

An inadequate provision of—

(a) facilities for maintaining good personal hygiene;

(b) sanitation and drainage.

Section 18 Water supply

An inadequate supply of water free from contamination, for drinking and other domestic purposes.

Section 19 Falls associated with baths etc

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

Section 20 Falling on level surfaces etc

Falling on any level surface or falling between surfaces where the change in level is less than 300 millimetres.

Section 21 Falling on stairs etc

Falling on stairs, steps or ramps where the change in level is 300 millimetres or more.

Section 22 Falling between levels

Falling between levels where the difference in levels is 300 millimetres or more.

Section 23 Electrical hazards

Exposure to electricity.

Section 24 Fire

Exposure to uncontrolled fire and associated smoke.

Section 25 Flames, hot surfaces etc

Contact with—

(a) controlled fire or flames;

(b) hot objects, liquid or vapours.

Section 26 Collision and entrapment

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

Section 27 Explosions

An explosion at the dwelling or HMO.

Section 28 Position and operability of amenities etc

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

Section 29 Structural collapse and falling elements

The collapse of the whole or part of the dwelling or HMO.

Section 1 Class I

A Class I harm is such extreme harm as is reasonably foreseeable as a result of the hazard in question, including—

(a) death from any cause;

(b) lung cancer;

(c) mesothelioma and other malignant tumours;

(d) permanent paralysis below the neck;

(e) regular severe pneumonia;

(f) permanent loss of consciousness;

(g) 80% burn injuries.

Section 2 Class II

A Class II harm is such severe harm as is reasonably foreseeable as a result of the hazard in question, including—

(a) cardio-respiratory disease;

(b) asthma;

(c) non-malignant respiratory diseases;

(d) lead poisoning;

(e) anaphylactic shock;

(f) cryptosporidiosis;

(g) legionnaires disease;

(h) myocardial infarction;

(i) mild stroke;

(j) chronic confusion;

(k) regular severe fever;

(l) loss of a hand or foot;

(m) serious fractures;

(n) serious burns;

(o) loss of consciousness for days.

Section 3 Class III

A Class III harm is such serious harm as is reasonably foreseeable as a result of the hazard in question, including—

(a) eye disorders;

(b) rhinitis;

(c) hypertension;

(d) sleep disturbance;

(e) neuropsychological impairment;

(f) sick building syndrome;

(g) regular and persistent dermatitis, including contact dermatitis;

(h) allergy;

(i) gastro-enteritis;

(j) diarrhoea;

(k) vomiting;

(l) chronic severe stress;

(m) mild heart attack;

(n) malignant but treatable skin cancer;

(o) loss of a finger;

(p) fractured skull and severe concussion;

(q) serious puncture wounds to head or body;

(r) severe burns to hands;

(s) serious strain or sprain injuries;

(t) regular and severe migraine.

Section 4 Class IV

A Class IV harm is such moderate harm as is reasonably foreseeable as a result of the hazard in question, including—

(a) pleural plaques;

(b) occasional severe discomfort;

(c) benign tumours;

(d) occasional mild pneumonia;

(e) broken finger;

(f) slight concussion;

(g) moderate cuts to face or body;

(h) severe bruising to body;

(i) regular serious coughs or colds.