The Housing Health and Safety Rating System (England) (Amendment) Regulations 2026

Published: Mon 1st Jun 26

These Regulations, made under the Housing Act 2004, amend the Housing Health and Safety Rating System (England) Regulations 2005 to simplify and clarify the methodology used by local authorities to assess housing hazards and determine if they constitute a Category 1 or Category 2 hazard.

Key changes involve redefining prescribed fire hazards to explicitly cover risks like explosions and structural collapse due to fire, simplifying the hazard seriousness scoring tables, replacing the previous A-J hazard bands with High, Medium, and Low categories, renaming the four classes of harm (I to IV become Extreme to Moderate), and updating the detailed list of specific hazards found in Schedule 1, while providing a transitional rule ensuring the amendments only apply to inspections commenced on or after June 22nd, 2026.

Arguments For

  • Simplifies and clarifies the methodology for assessing the seriousness of housing hazards, making the Housing Health and Safety Rating System (HHSRS) easier for local authorities to understand and apply.

  • Updates the definition of 'prescribed fire hazard' to explicitly include risks arising from associated smoke, fumes, explosions, or structural collapse resulting from fire or explosion, improving public safety coverage.

  • Replaces the previous A-J hazard banding system with a simpler High, Medium, and Low banding structure, streamlining the classification of hazards as Category 1 or 2.

  • Introduces new or clarified hazard descriptors under Schedule 1, specifically detailing risks related to Indoor Air Pollutants, Domestic Hygiene, Falls on the level, Fire and explosions, and Collisions, Entrapment and Ergonomics.

Arguments Against

  • Introducing structural changes to the numerical scoring methodology (Table 1 in Regulation 6) could potentially alter the classification outcome of borderline cases if the new representative scale points do not align perfectly with previous ratios.

  • The replacement of four distinct classes of harm (I to IV) with descriptive names (Extreme, Severe, Serious, Moderate) requires careful interpretation by practitioners to ensure consistency with established risk tolerance levels.

  • Omitting or amalgamating several existing Schedule 1 hazard descriptors (e.g., HMo/Dwelling specific hygiene and waste disposal points) might necessitate adjustments in local authority inspection focus areas.

  • The immediate implementation date (June 23rd, 2026) combined with a short transitional period (inspections started on or after June 22nd) poses administrative challenges for local authorities needing to retrain staff on the revised assessment criteria immediately.

2026 No. 571

HOUSING, ENGLAND

The Housing Health and Safety Rating System (England) (Amendment) Regulations 2026

Made

-

-

-

-

at 12.12 p.m. on 1st June 2026

Laid before Parliament

at 4.45 p.m. on 1st June 2026

Coming into force

23rd June 2026

The Secretary of State makes these Regulations in exercise of the powers conferred by sections 2 and 250(2) of the Housing Act 2004( a ).

Citation, commencement and extent

  1. These Regulations may be cited as the Housing Health and Safety Rating System (England) (Amendment) Regulations 2026.
  • (1) These Regulations come into force on 23rd June 2026.
  • (2) These Regulations extend to England and Wales.

Amendment of the Housing Health and Safety Rating System (England) Regulations 2005

  1. The Housing Health and Safety Rating System (England) Regulations 2005( b ) are amended in accordance with regulations 3 to 9.

Amendment of regulation 2

  1. In regulation 2 (interpretation), in the definition of 'harm', for 'Classes I to IV as' substitute 'the four classes of harm'.

Amendment of regulation 4

  1. In regulation 4 (prescribed fire hazard), for the words from 'exposure to' to the end substitute-
  • (a) exposure to uncontrolled fire and associated smoke and fumes,
  • (b) an explosion, or
  • (c) the collapse of the whole or part of a building as a result of fire or an explosion.'.

Amendment of regulation 6

  1. In regulation 6 (seriousness of hazards)-
  • (a) in paragraph (2), for Table 1 substitute-

'Table 1

| Column 1 | Column 2 | |-------------------------------|-------------------------------------| | Range of ratios of likelihood | Representative scale point of range | | <1 in 3,700 | 5,000 | | ≥ 1 in 3,700 and <1 in 2,350 | 3,000 | | ≥ 1 in 2,350 and <1 in 1,350 | 2,000 | | ≥ 1 in 1,350 and <1 in 700 | 1,000 | | ≥ 1 in 700 and <1 in 370 | 500 | | ≥ 1 in 370 and <1 in 235 | 300 | | ≥ 1 in 235 and <1 in 135 | 200 | | ≥ 1 in 135 and <1 in 70 | 100 | | ≥ 1 in 70 and <1 in 37 | 50 | | ≥ 1 in 37 and <1 in 23.5 | 30 | | ≥ 1 in 23.5 and <1 in 13.5 | 20 | | ≥ 1 in 13.5 and <1 in 7 | 10 | | ≥ 1 in 7 and <1 in 3.7 | 5 | | ≥ 1 in 3.7 and <1 in 2.5 | 3 | | ≥ 1 in 2.5 and <1 in 1.5 | 2 | | ≥ 1 in 1.5 | 1'; |

(b) in paragraph (4)(c)-

  • (i) for 'second most likely class of harm', substitute 'first of the other classes of harm';
  • (ii) for 'third most likely class of harm', substitute 'second of the other classes of harm';
  • (iii) for 'fourth most likely class of harm', substitute 'third of the other classes of harm';
  • (iv) for Table 2 substitute-

(c) in paragraph (6)-

  • (i) in sub-paragraph (b), for 'Class I' substitute 'extreme';
  • (ii) in sub-paragraph (c), for 'Class II' substitute 'severe';

'Table 2

| Column 1 | Column 2 | |----------------------------------|------------------------------------------------------------| | Range of percentages possibility | Representative scale point of the percentage range (RSPPR) | | <0.05% | 0% | | ≥ 0.05% and <0.15% | 0.1% | | ≥ 0.15% and <0.3% | 0.2% | | ≥ 0.3% and <0.7% | 0.5% | | ≥ 0.7% and <1.5% | 1% | | ≥ 1.5% and <3% | 2% | | ≥ 3% and <7% | 5% | | ≥ 7% and <15% | 10% | | ≥ 15% and <26% | 20% | | ≥ 26% and <38% | 30% | | ≥ 38% | 50%'; |

  • (iii) in sub-paragraph (d), for 'Class III' substitute 'serious';
  • (iv) in sub-paragraph (e), for 'Class IV' substitute 'moderate';
  • (d) in paragraph (7), in the definition of 'relevant occupier'-
  • (i) in sub-paragraph (b), for '6(a)' substitute '4A(b)';
  • (ii) in sub-paragraph (f), for 'paragraph 17' substitute 'paragraphs 14A(5) and (6)';
  • (iii) in sub-paragraph (g)-
  • (aa) for '19', '20' substitute '18A';
  • (bb) for '24' substitute '23A(1)';
  • (cc) for '28' substitute '25A(2)';
  • (iv) in sub-paragraph (h), for '26' substitute '25A(1).

Amendment of regulation 7

  1. In regulation 7 (prescribed bands)-
  • (a) for 'a band identified by a letter', substitute 'one of the bands';
  • (b) for 'that letter', substitute 'that band';
  • (c) for Table 3, substitute-

'Table 3

| Column 1 | Column 2 Numerical Score | |------------|----------------------------| | Band | Range | | High | ≥ 1,000 | | Medium | ≥ 100 and <1,000 | | Low | <100'. |

Amendment of regulation 8

  1. In regulation 8 (category of hazard)-
  • (a) in paragraph (a), for 'band A, B or C of' substitute 'the High band in';
  • (b) in paragraph (b), for 'any other band' substitute 'the Medium or Low bands'.

Amendment of Schedule 1

  1. In Schedule 1 (matters and circumstances)-
  • (a) after paragraph 4 insert-

'Indoor Air Pollutants

4A. Exposure to-

  • (a) chemicals used to treat timber and mould growth;
  • (b) carbon monoxide;
  • (c) nitrogen dioxide;
  • (d) sulphur dioxide and smoke;
  • (e) uncombusted fuel gas;
  • (f) volatile organic compounds.';
  • (b) omit paragraphs 5, 6, 9 and 10;
  • (c) after paragraph 14 insert-

'Domestic Hygiene

14A. -(1) An inadequate provision of facilities for the storage, preparation and cooking of food.

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

(3) Exposure to pests.

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

(5) An inadequate provision of facilities for maintaining good personal hygiene.

(6) An inadequate provision of sanitation and drainage.';

  • (d) omit paragraphs 15, 16 and 17;
  • (e) after paragraph 18 insert-

' Falls on the level

18A. -(1) Falls associated with toilets, baths, showers or other washing facilities.

(2) Falling on any level surface.

  • (3) Falling between surfaces where the change in level is less than 300 millimetres.';
  1. (f) omit paragraphs 19 and 20;
  2. (g) after paragraph 23 insert-

'Fire and explosions

23A. -(1) Exposure to uncontrolled fire and associated smoke and fumes.

(2) An explosion.';

  • (h) omit paragraph 24;
  • (i) after paragraph 25 insert-

'Collisions, Entrapment and Ergonomics

25A. -(1) Collision with, or entrapment of body parts in, doors, windows or other architectural features.

(2) The position, location, and operability of amenities, fittings and equipment.';

  • (j) omit paragraphs 26 to 28;
  • (k) in paragraph 29, for 'the dwelling or HMO' substitute 'a building'.

Amendment of Schedule 2

  1. In Schedule 2 (classes of harm)-
  • (a) in paragraph 1, for the heading and opening words substitute-

'Extreme

  1. -(1) A harm is within the extreme class of harm if, as a result of the hazard in question, extreme harm is reasonably foreseeable.

(2) Extreme harm includes-';

  • (b) in paragraph 2, for the heading and opening words substitute-

'Severe

  1. -(1) A harm is within the severe class of harm if, as a result of the hazard in question, severe harm is reasonably foreseeable.

(2) Severe harm includes-';

  • (c) in paragraph 3, for the heading and opening words substitute-

'Serious

  1. -(1) A harm is within the serious class of harm if, as a result of the hazard in question, serious harm is reasonably foreseeable.

(2) Serious harm includes-';

  • (d) in paragraph 4, for the heading and opening words substitute-

'Moderate

  1. -(1) A harm is within the moderate class of harm if, as a result of the hazard in question, moderate harm is reasonably foreseeable.

(2) Moderate harm includes-'.

Transitional provision: inspections under section 4 of the Housing Act 2004

  1. In relation to inspections under section 4 of the Housing Act 2004 (inspections by local housing authorities to see whether category 1 or 2 hazards exist), the amendments made by these Regulations only apply to an inspection commenced on or after 22nd June 2026.

Taylor of Stevenage Parliamentary Under-Secretary of State At 12.12 p.m. on 1st June 2026 Ministry of Housing, Communities and Local Government

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Housing Health and Safety Rating System (England) Regulations 2005 ('the 2005 Regulations') (S.I. 2005/3208). The 2005 Regulations prescribe the method for assessing the seriousness of hazards of a prescribed description and accordingly whether a hazard is a category 1 or category 2 hazard for the purposes of Part 1 of the Housing Act 2004 (c. 34). This method takes into account both the likelihood of harm occurring and the severity of harm if it were to occur. The 2005 Regulations also prescribe fire hazards for the purposes of section 10 of that Act.

In overview, these Regulations amend the prescribed method for assessing the seriousness of hazards in housing in order to make it more easy to understand and apply. They also amend some of the prescribed descriptions of hazards.

Regulation 4 of the 2005 Regulations prescribes a fire hazard for the purposes of section 10 of the Housing Act 2004 as one where the risk of harm arises from exposure to uncontrolled fire and associated smoke. Regulation 4 of these Regulations amends this to also include where the risk of harm arises from exposure to fumes associated with a fire, an explosion or the collapse of the whole or part a building as a result of fire or an explosion.

Regulation 6 of the 2005 Regulations prescribes the method for calculating the seriousness of hazards to be expressed as a numerical score. Regulation 5 of these Regulations makes some minor changes to that method and simplifies Tables 1 and 2.

Regulation 7 of the 2005 Regulations prescribes hazard bands by reference to ranges of numerical scores. Regulation 6 of these Regulations replaces bands A to J, with three bands of hazard: High, Medium and Low. A hazard will be a category 1 hazard if its numerical score corresponds to the High band and a category 2 hazard if its numerical score corresponds to the Medium or Low band. The amendments made by regulation 7 of these Regulations are consequential on that change.

Schedule 1 to the 2005 Regulations prescribes various descriptions of hazard. Regulation 8 of these Regulations amalgamates some of those descriptions, clarifies that the 'fire' hazard description covers exposure to fumes associated with fire and broadens the hazard descriptors for structural collapse and explosions so they are not limited to structural collapse of, or explosion at, the dwelling or HMO.

Schedule 2 to the 2005 Regulations describes four classes of harm and includes examples for each class. Regulation 9 of these Regulations renames Classes I, II, III and IV as Extreme, Severe, Serious and Moderate respectively. The amendments made by regulations 3 and 5(c) are consequential on this change.

Regulation 10 makes transitional provision relating to amendments made by regulations 3 to 9 of these Regulations and that those amendments only apply to an inspection under section 4 of the Housing Act 2004 commenced on or after the coming into force date.

A full impact assessment has not been produced for this instrument as no, or no significant impact on the private, voluntary or public sector is foreseen.

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