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
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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 ).
This section establishes the official title, purpose, and legislative authority for the instrument.
It designates these as Statutory Instruments (2026 No. 571) concerning Housing in England, confirming they amend the Housing Health and Safety Rating System (HHSRS).
The document specifies it was officially made and laid before Parliament on June 1st, 2026, and that it comes into effect on June 23rd, 2026.
The Secretary of State enacted these rules using powers granted by sections 2 and 250(2) of the Housing Act 2004.
Citation, commencement and extent
- 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.
Regulation 1 provides the official short title for citation purposes.
It confirms the commencement date is June 23rd, 2026, as stated earlier.
Crucially, this regulation states the geographical scope: the amendments apply across both England and Wales, even though the title specifically mentions "HOUSING, ENGLAND" regarding the main administrative context.
Amendment of the Housing Health and Safety Rating System (England) Regulations 2005
- The Housing Health and Safety Rating System (England) Regulations 2005( b ) are amended in accordance with regulations 3 to 9.
This regulation serves as an instruction, stating that the primary purpose of the subsequent rules (Regulations 3 through 9) is to make specific alterations to The Housing Health and Safety Rating System (England) Regulations 2005.
Amendment of regulation 2
- In regulation 2 (interpretation), in the definition of 'harm', for 'Classes I to IV as' substitute 'the four classes of harm'.
This modifies the interpretation section (Regulation 2) of the 2005 Regulations.
It changes how the term 'harm' references the hazard classification system.
Previously, it referred to 'Classes I to IV as'; the amendment simplifies this reference to be 'the four classes of harm', preparing for the renaming of those classes in later amendments.
Amendment of regulation 4
- 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.'.
Regulation 4 updates the definition of a 'prescribed fire hazard' under the HHSRS framework.
It replaces the previous phrasing regarding 'exposure to' hazards.
The new definition comprehensively includes risks arising not only from uncontrolled fire and associated smoke but also explicitly adds risks from an explosion or the collapse of part of a building caused by fire or an explosion.
Amendment of regulation 6
- 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).
Regulation 5 enacts the most significant structural changes to the hazard assessment scoring system under Regulation 6 of the 2005 Regulations.
Sub-paragraph (a) replaces the original Table 1, which links the ratio of likelihood of harm to a representative scale point (RSP).
Sub-paragraph (b) adjusts cross-referencing language related to harm classes when calculating the overall score, moving away from sequential referencing ('second most likely class').
Sub-paragraph (c) renames the numerical classes (I to IV) to their new descriptive terms (extreme, severe, serious, moderate) and replaces Table 2, which links percentage possibilities to their respective RSPs for likelihood.
Sub-paragraph (d) performs consequential amendments across various references within the definition of 'relevant occupier' throughout Regulation 6, updating citations to reflect new or relocated paragraphs introduced elsewhere in these amending regulations (e.g., referencing 4A(b) instead of 6(a) related to new indoor air pollutants).
Amendment of regulation 7
- 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'. |
Regulation 6 updates Regulation 7, which defines the hazard bands based on the numerical score calculated previously.
The text changes from referencing bands identified by letters (A, B, C, etc.) to referencing generic 'bands'.
The core change is replacing the previous banding structure with a simple three-tier system shown in the new Table 3: 'High' (score of 1,000 or more), 'Medium' (100 up to 1,000), and 'Low' (below 100).
Amendment of regulation 8
- 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'.
Regulation 7 amends Regulation 8, which determines whether a hazard is Category 1 or Category 2.
This amendment aligns the classification rules with the new banding system established in the previous step.
A hazard is now categorized as Category 1 if its score falls within the 'High band'.
All other hazards, scoring in the 'Medium or Low bands', are considered Category 2 hazards.
Amendment of Schedule 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.';
- (f) omit paragraphs 19 and 20;
- (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'.
Regulation 8 significantly revises Schedule 1 of the 2005 Regulations, which lists the specific matters and circumstances that constitute hazards.
It introduces new categories and removes others.
New provisions detail 'Indoor Air Pollutants' (4A), 'Domestic Hygiene' (14A, covering food prep, cleaning, waste, and washing facilities), 'Falls on the level' (18A, specifying falls where the level change is under 300mm), 'Fire and explosions' (23A), and 'Collisions, Entrapment and Ergonomics' (25A).
Several existing paragraphs (5, 6, 9, 10, 15, 16, 17, 19, 20, 24, 26, 27, 28) are explicitly omitted, signaling a consolidation or restructuring of hazard definitions.
Amendment of Schedule 2
- In Schedule 2 (classes of harm)-
- (a) in paragraph 1, for the heading and opening words substitute-
'Extreme
- -(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) 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) 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) 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-'.
Regulation 9 directly renames the four established classes of harm listed in Schedule 2, replacing the numerical designations (I to IV) with descriptive titles.
This supports the changes made in Regulation 3.
Class I becomes 'Extreme', Class II becomes 'Severe', Class III becomes 'Serious', and Class IV is renamed 'Moderate'.
Each section is redefined to state that harm is within that class if that specific level of harm is reasonably foreseeable following the hazard.
Transitional provision: inspections under section 4 of the Housing Act 2004
- 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.
Regulation 10 provides a transitional arrangement specifically for local housing authority inspections carried out under Section 4 of the Housing Act 2004 to identify Category 1 or 2 hazards.
The amendments introduced by these 2026 Regulations are only brought into force for inspections that begin on or after June 22nd, 2026, despite the Regulations themselves coming into force on June 23rd, 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
This concluding part records the official signing of the document by the Parliamentary Under-Secretary of State, Taylor of Stevenage, on behalf of the Ministry of Housing, Communities & Local Government, along with the precise time of signing (12.12 p.m. on June 1st, 2026).
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.
The Explanatory Note, which forms no part of the binding legislation, outlines the purpose: to amend the HHSRS Regulations 2005 to make the assessment method for determining Category 1 or 2 hazards easier to understand and apply.
It details that fire hazards now explicitly include explosion/collapse risks, and the scoring tables in Regulation 6 are simplified.
It confirms the shift from A-J bands to High/Medium/Low bands (where High = Category 1).
Furthermore, it summarizes the renaming of harm classes (I-IV to Extreme-Moderate) and confirms that Regulation 10 sets the transitional rule concerning inspections starting on or after June 22nd, 2026.
The Note concludes by stating no significant impact assessment was required.
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