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Statutory Instruments
Housing, England
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(1).
1.—(1) These Regulations may be cited as the Housing Health and Safety Rating System (England) (Amendment) Regulations 2026.
(2) These Regulations come into force on 23rd June 2026.
(3) These Regulations extend to England and Wales.
2. The Housing Health and Safety Rating System (England) Regulations 2005(2) are amended in accordance with regulations 3 to 9.
3. In regulation 2 (interpretation), in the definition of “harm”, for “Classes I to IV as” substitute “the four classes of harm”.
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.”.
5. In regulation 6 (seriousness of hazards)—
(a)in paragraph (2), for Table 1 substitute—
“Table 1
| Column 1 Range of ratios of likelihood | Column 2 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—
“Table 2
| Column 1 Range of percentages of possibility | Column 2 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%”; |
(c)in paragraph (6)—
(i)in sub-paragraph (b), for “Class I” substitute “extreme”;
(ii)in sub-paragraph (c), for “Class II” substitute “severe”;
(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).
6. 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 Band | Column 2 Numerical Score Range |
|---|---|
| High | ≥1,000 |
| Medium | ≥100 and <1,000 |
| Low | <100”. |
7. 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”.
8. In Schedule 1 (matters and circumstances)—
(a)after paragraph 4 insert—
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—
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—
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—
23A.—(1) Exposure to uncontrolled fire and associated smoke and fumes.
(2) An explosion.”;
(h)omit paragraph 24;
(i)after paragraph 25 insert—
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”.
9. In Schedule 2 (classes of harm)—
(a)in paragraph 1, for the heading and opening words substitute—
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—
2.—(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—
3.—(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—
4.—(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—”.
10. 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
Ministry of Housing, Communities and Local Government
At 12.12 p.m. on 1st June 2026
(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.
2004 c. 34. See the definitions of “prescribed” in section 2(2), “prescribed fire hazard” in section 10(4) and “appropriate national authority” in section 261(1).
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