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Hazard Awareness Notice

A Hazard Awareness Notice is issued to inform the recipient that Category 1 or Category 2 hazards exist on the specified premises. There are 29 potential hazards identified under the Housing Health and Safety Rating System (HHSRS).[1] This notice is advisory rather than enforceable, but failure to address the hazards may lead to more stringent enforcement actions in the future.

Key Features of a Hazard Awareness Notice

1. Notification of Hazards:

   • The notice identifies the specific hazards present at the property and categorizes them as Category 1 (serious hazards) or Category 2 (less severe hazards).
   • The HHSRS hazard scoring system is used to evaluate the severity of risks, based on the likelihood of occurrence and the potential harm caused.

2. Statement of Reasons:

   • The notice must include a statement explaining the reasons for serving it.

3. Non-Enforceable Nature:

   • Unlike improvement notices, hazard awareness notices do not specify deadlines for work to be started or completed.
   • No offence is committed if the recipient fails to act on the notice, as it is not legally enforceable.

Implications of a Hazard Awareness Notice

Although the notice itself does not carry legal consequences for non-compliance, it serves as a warning.

1. Follow-Up Inspections:

   • Local authorities typically conduct follow-up inspections after issuing a hazard awareness notice.
   • If the identified hazards remain unaddressed, the authority may escalate the matter by serving an improvement notice, which is enforceable and carries penalties for non-compliance.

2. Potential Enforcement Action:

   • Failure to comply with an improvement notice is a criminal offence and can result in fines or further legal action.

HHSRS and Hazard Scoring

The Housing Health and Safety Rating System (HHSRS) is a risk-based assessment framework used by enforcement officers to identify and score hazards.

• Hazard Score: A numerical value representing the overall risk posed by a hazard.
• Categories of Hazards:
  • Category 1 Hazards: Serious risks to health or safety.
  • Category 2 Hazards: Lower risks that may still require attention.

The scoring system evaluates both the likelihood of a hazard occurring and the potential harm that could result, ensuring a comprehensive risk assessment.

Appeals and Limitations

• No Right of Appeal: Recipients of a hazard awareness notice cannot appeal the notice.
• Legal Implications: While the notice itself is non-enforceable, the failure to address hazards may lead to legally binding enforcement actions in the future.

The 29 Hazards Identified by the HHSRS

1. Damp and mould growth
2. Excess cold
3. Excess heat
4. Asbestos and MMF (man-made fibres)
5. Biocides
6. Carbon monoxide and fuel combustion products
7. Lead
8. Radiation
9. Uncombusted fuel gas
10. Volatile organic compounds
11. Crowding and space
12. Entry by intruders
13. Lighting
14. Noise
15. Domestic hygiene, pests, and refuse
16. Food safety
17. Personal hygiene, sanitation, and drainage
18. Water supply
19. Falls associated with baths
20. Falls on the level
21. Falls associated with stairs and steps
22. Falls between levels
23. Electrical hazards
24. Fire
25. Flames, hot surfaces, and materials
26. Collision and entrapment
27. Explosions
28. Position and operability of amenities
29. Structural collapse and falling elements

Why Hazard Awareness Notices Matter

For landlords, receiving a hazard awareness notice serves as an early warning to address property issues before they escalate into enforceable actions. Ignoring these notices can result in costly improvement notices or legal penalties.

Contact Landlord Advice UK for Expert Support

If you’ve received a hazard awareness notice or need guidance on addressing HHSRS hazards, Landlord Advice UK is here to help. Our team provides tailored advice to ensure compliance with housing standards and avoid enforcement action. Contact us today for professional assistance.

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[1] Housing Health and Safety Rating System Enforcement Guidance, February 2006.
[2] Housing Act 2004.