National Recovery Guidance - Infrastructure Issues - Repairs to domestic properties

Background and Context

The provision of adequate, safe and healthy housing following an emergency is obviously a key concern, especially going into the medium term. For example, in the June 2007 flooding, there were approximately 27,000 residential properties where the habitable accommodation was affected.

Policy and Guidance

England

Social Housing

Local Authorities ensure that minimum housing standards are maintained by inspecting against and enforcing the Housing Health and Safety Rating System, which replaced the fitness Standard on 1 April 2006.

The rating system is a risk assessment, goal setting system, rather than a prescriptive system. As such, Local Authorities have a lot of leeway in deciding whether to allow less than ideal housing to continue to be used in the event of an emergency where other accommodation is not available.

Guidance on the rating system and on the enforcement of the rating system is available here:

• HHSRS Operating Guidance – Housing Act 2004: Guidance about inspections and assessment of hazards given under Section 9 [external website]
• Housing Act 2004 – Enforcement Guidance: Part 1 Housing Conditions [external website]

Private Housing

Repairs to private housing will usually be carried out by builders provided through the householder's (Home Buildings) insurance company. More information on this can be found in the Dealing with Insurance Issues topic sheet.

Building Control

Communities and Local Government has recently published a Building Control Performance Standards [external PDF] document, which all building control bodies (Local Authorities and Approved Inspectors) are recommended to follow.

Choosing a builder

The Department for Business, Enterprise and Regulatory Reform (BERR) provides guidance on how to choose a builder [external website].

Local Authority Trading Standards Teams can play a key role in communication with regards to encouraging the public to use reputable builders, rather than rogue traders.

All construction works should abide by the Health and Safety Executive (HSE) Approved Code of Practice for Managing Health and Safety in Construction. [external website]

Dangerous materials

Local authorities can also play a key role in communicating some of the dangerous materials that can arise when repairing properties; in particular if householders are attempting the repair works themselves. For example, these dangers can include asbestos, lead pipes and lead paint.

The Health and Safety Executive (HSE) has produced Asbestos Essentials Guidance. [external website]

Listed buildings

Some buildings may be protected by designation. More information on how to repair properties covered by such designations can be found on the Historic Environment topic sheet.

Wales

Housing is a devolved matter, although the Housing Health and Safety Rating System applies equally to Wales as to England.

Scotland

Social landlords have responsibilities in law to keep their houses wind and watertight and reasonably fit for human habitation. There is also a right to repair scheme. Under the scheme, landlords should carry out small urgent repairs within a specified time. If the landlord’s contractor fails to start the repair on time, the tenant may instruct another listed contractor to carry out the repair instead. In such circumstances, the tenant is also entitled to a compensation payment from the landlord.

The Right to Repair regulations do allow for suspension of the maximum period so long as there are circumstances of an exceptional nature, beyond the control of the landlord or the contractor who is to carry out the qualifying repair, which prevent the repair being carried out. In such cases the landlord is required to let the Scottish secure tenant know of the suspension of the running of the maximum period.

Northern Ireland

In Northern Ireland, public housing policy and delivery is the responsibility of the Northern Ireland Housing Executive (NIHE), which works with Housing Associations to provide public sector and social housing.

Where an emergency causes damage to NIHE property, there are contingency arrangements in place to provide emergency security and weather-proofing repairs and to make permanent repairs as quickly as possible. The scheme under which these actions are taken is provided for by The Housing (Northern Ireland) Order 1988. NIHE tenants are allocated temporary accommodation if their properties are uninhabitable while repairs are carried out.

The NIHE may also make emergency weatherproofing repairs to privately-owned property on request in the event of civil disturbance and terrorist action and severe weather. For further information see DSDNI website. [external website]

Roles and Responsibilities

Local and Regional

Both housing strategies and enforcement of housing standards are run at the District or Unitary local authority level. As such, Local Authorities will play the major role in any housing standards aspect of a recovery project.

The Building Control function is a statutory requirement for local authorities in accordance with Sections 91 and 92 of the Building Act 1984. To provide a building regulation plan checking and site inspection service, to ensure that construction works submitted to approval meet the requirements of the building regulations.

Local authorities also have a statutory requirement to administer the following services, which are usually linked to the Building Control role:

• Building regulation application for disabled applicants
• Approved Inspector register
• Enforcement
• Receipt of building noticed for cavity wall insulation
• Safety at sports grounds
• Local land charges questions
• Inspection of dangerous structures
• Administration in respect of demolition of structures
• Checking planning conditions
• Licensing consultee

The traditional local authority building control function was opened to the private sector in 1985. Several companies and individuals, known as Approved Inspectors, now offer the building regulation service in direct competition to local authorities. Approved Inspectors are regulated by CLG through the Construction Industry Council (CIC) [external website].

The Local Authority Trading Standards Service will offer advice and assistance for consumers who are seeking repairs to domestic properties and/or are having problems. Incidences of rogue trading activity can also be reported to Trading Standards for investigation.

Anyone needing further advice can call Consumer Direct – a telephone and online consumer advice service funded by government and managed by the Office of Fair Trading. It operates in partnership with Local Authority Trading Standards Services to offer consumers clear, practical and impartial advice and information.

The Local Authorities Co-ordinators of Regulatory Services (LACORS) is the local government central body responsible for overseeing local authority regulatory and related services, including private sector housing. LACORS is responsible for:

• providing specialist advice and guidance
• promoting good practice
• influencing and lobbying on behalf of local government, and
• leading and partnering initiatives to enhance the reputation of regulatory services.

Lead Government Department

Communities and Local Government (CLG) is the Lead Government Department for the regulation of housing.

Devolved Administrations

Housing is a completely devolved matter.

Funding

Funding for housing standards is managed directly by Local Authorities.

Depending on the Regional Housing Strategy, some funding may be available from the Regional Housing Board.

Devolved Administrations

Wales

Housing is a completely devolved matter and funding for the owner-occupied sector is primarily derived from local authority General Capital Funding (GCF) which is unhypothecated. Funding for public sector stock is from the Major Repairs Allowance (MRA) and the Housing Revenue Account (HRA).

Scotland

Housing is a devolved matter. The Scottish Government Housing and Regeneration Directorate oversee housing matters in Scotland.

Northern Ireland

In Northern Ireland, the Lead Government Department for public-sector housing is the Department for Social Development (DSD). The Northern Ireland Housing Executive is a Non-Departmental Public Body of DSD. Social and public housing is funded by the NI Housing Executive on behalf of the Department for Social Development.

Trading Standards in Northern Ireland is a function of the Department of Enterprise, Trade and Investment, see website. [external website] Building Control services are provided by Northern Ireland district councils.

Links to Other Topic Sheets

• Dealing with insurance issues
• Displaced communities
• Historic environment
• Damaged school buildings
• Utilities

Case Studies (Incidents and Exercises)

• Boscastle flooding: 16 August 2004
• Buncefield: 11 December 2005 
• Buscot and Coleshill Estate, Oxon, Flooding, July 2007 
• Carlisle flooding: 8 January 2005 
• Kent earthquake: 28 April 2007 
• Lewes flooding: 12 October 2000 

Other Documents

• National Federation of Builders: Selecting a builder [external website]
• Federation of Master Builders: Find a builder [external website]
• TrustMark: Finding approved builders for domestic work [external website]
• Environment Agency - After a flood guide: Practical advice on recovering from a flood [external website]

List of Contacts

Housing Health and Safety Rating System

Advice on enforcement of the Housing Health and Safety Rating System (HHSRS) can be obtained from the LACORS website [external website] or by emailing housing@lacors.gov.uk

Advice on the HHSRS in general is available from the CLG website[external website] and for Wales.[external website]

Consumer Direct

The Consumer Direct information and advice helpline is available on a single national telephone number – 08454 04 05 06 – from 0800 to 1830 Monday to Friday, and 0900 to 1300 Saturday, excluding bank holidays and public holidays. Further advice can be obtained from their website. [external website]