1
AGENDA ITEM NO. 9(i)
REPORT TO:Executive Board
REPORT NO:CHPPO/79/05
DATE:4 October 2005
LEAD MEMBER:Rodney Skelland, Social Affairs, Health and Housing
LEAD OFFICER:Chief Housing and Public Protection Officer
CONTACT OFFICER:Alan Broadbent (Tel 297017)
SUBJECT:Update of Delegated Powers to Chief Housing and Public Protection Officer to include the Housing Act 2004
WARD:N/A
1PURPOSE OF THE REPORT
For Members to consider the delegation of additional powers to the Chief Housing and Public Protection Officer. The delegation of additional powers is required having regard to amended legislation which will repeal current legislative powers and provide new functions
2 EXECUTIVE SUMMARY
2.1The Housing Act 2004 introduces major changes to the way local housing authorities enforce standards with respect to residential housing. The Housing Health and Safety Rating System (HHSRS) introduces a system of housing inspection which focuses on the health and safety of the occupant. Additionally, it introduces mandatory licensing for certain Houses in Multiple Occupation (HMO), redefines the meaning of an HMO, introduces Home Information Packs and provides new powers to deal with poor management and empty dwellings.
3RECOMMENDATIONS
3.1 That the powers under the legislation detailed in Appendix A be delegated to the Chief Housing and Public Protection Officer.
REASONS FOR RECOMMENDATIONS
For Officers to effectively dispense their statutory duties it is necessary for the Executive Board to delegate responsibility to enforce the provisions of this legislation to the Chief Housing and Public Protection Officer.
Andy Lewis
Chief Housing and Public Protection Officer
4BACKGROUND INFORMATION
4.1 Housing Act 2004 received Royal Assent on the 18 November 2004. The Act introduces new powers to Local Housing Authorities and Trading Standards Services. The Act will be introduced in stages through commencement orders (commencement order for Wales will be later than that for England as the Welsh Assembly Government have the power to make alterations). The Act introduces the Housing, Health and Safety Rating System, Home Information Packs, Licensing (Mandatory, Selective and Additional), a new definition of a house in multiple occupation, tenancy deposit scheme and powers to deal with empty dwellings.
5CONSULTATION
5.1No consultation required.
6SCRUTINY COMMITTEE COMMENTS
6.1This matter has not been considered by Scrutiny Committee.
7IMPLICATIONS
7.1 Policy Framework The legislation, listed in Appendix A, covers issues relating to the work of the Housing and Public Protection Service supported in the Council’s Policy framework as outlined below:
Community Strategy
Health, Social Care and Well-Being Strategy
Sustainable Development
Housing Strategy
7.2 Budget - The changes introduced by the Housing Act 2004 contributes to an accumulative increase of the Department's workload. This increase in workload pressures will be carried out within existing budgets.
7.3Legal N/A
7.4Staffing – The additional inspections and enforcement will lead to workload pressures, which will be managed within existing resources.
7.5 Other N/A
BACKGROUND PAPERS / LOCATION / WEBSITE INFO1 Housing Act 2004 / Office of Public Sector Information / http://www.opsi.gov.uk/acts/acts2004/20040034.htm
Appendix A
Housing Act 2004
Part 1 Housing Conditions
This legislation (commencement date expected to be April 2006) will repeal Section 604 of the Housing Act 1985 relating to fitness for human habitation and replace it with the Housing Health & Safety Rating System (HHSRS). HHSRS permits the focus of interventions to be on those deficiencies in residential accommodation which pose the greatest risks to health and safety of the occupiers.
This part places duties on the local housing authorities to deal with category one hazards. Whilst category two hazards will be a discretionary duty.
Example: - Category 1 Hazard
Severe mould growth in a bathroom & bedroom (the spores are extremely likely to cause/aggravate asthma and other respiratory illnesses and also have a psychological effect).
Example: - Category 2 Hazard
Gas fire burns with reddish flame indicating incomplete fuel burning and there is inadequate ventilation.
Enforcement action would include service of emergency prohibition orders, prohibition orders, improvement notices and hazard awareness notices. Local housing authorities have the power to charge such enforcement action.
Part 2 Licensing of Houses in Multiple Occupation
This legislation (commencement date expected to be January/February 2006) will introduce mandatory licensing for houses in multiple occupation which meet Welsh Assembly Government (WAG) specification (for England this has been set as three storeys or more occupied by five or more persons). Licensing would replace the Wrexham County Borough Council (Registration of Houses in Multiple Occupation) Control Scheme 1998.
Local housing authorities may also designate with WAG approval an area for additional licensing. This would be to extend the scope of mandatory licensing to include other HMO’s.
Any properties registered under the WCBC scheme that fall within the licensing specification would automatically be issued a license for the remaining duration of their registration period. All licenses will have a five year period.
HMO’s not falling within the scope of licensing would still remain by definition an HMO.
Local housing authorities can choose to set a licensing fee to cover all costs of administering the licensing scheme.
Part 3 Selective Licensing of Other Residential Accommodation
This legislation (commencement date expected to be January/February 2006) will enable local housing authorities with WAG approval to designate an area for selective licensing for houses including single dwellings. This ability is subject to factors such as areas of low demand and anti-social behaviour.
Part 4 Additional Control Provisions in Relation to Residential Accommodation
This legislation (commencement date expected to be September 2006) will introduce interim and final management orders for HMO’s and houses subject to selective licensing. It will also introduce interim and final empty dwelling management orders (EDMO) and replace existing legislative powers with respect to overcrowding within HMO’s.
Part 4 - Chapter 1 Interim and Final Management Orders
An interim management order is an order (expiring not more than 12 months after it is made) which is made for the purpose of ensuring that immediate steps are taken to protect health, safety or welfare or other steps felt necessary to ensure proper management of the property prior to the granting of a HMO license.
A final management order is an order (expiring not more than 5 years after it is made) which is made for the purpose of securing the proper management of the house on a long-term basis.
Part 4 - Chapter 2 Interim and Final Empty Dwelling Management Orders
An interim EDMO is an order made to enable a local housing authority, with the consent of the relevant proprietor, to take steps for the purpose of securing that a dwelling becomes and continues to be occupied.
A final EDMO is an order made, in succession to an interim EDMO or a previous final EDMO, for the purpose of securing that a dwelling is occupied.
Part 4 - Chapter 3 Overcrowding Notices
The local housing authority may serve an overcrowding notice on one or more relevant persons if, having regard to the rooms available, it considers that an excessive number of persons is being, or is likely to be, accommodated in the HMO concerned.
Part 5 Home Information Packs
This legislation (commencement date expected to be January 2007) requires that a person marketing a residential property is to have within his/her possession/control a home information pack for the property which they are intending to sell (only required where the property is being sold with vacant possession).
Part 7 Supplementary and Final Provisions
This legislation has changed the definition of a house in multiple occupation. Principally the definition now includes that of a shared house for example a student house occupied by up to five students would previously been regarded as not meeting the definition of an HMO. The new definition would include such properties as being HMO’s.