The Housing Health and Safety Rating System (HHSRS) changed on 23 June 2026. The number of hazards has been reduced from 29 to 21, with a new scoring process and new statutory guidance. These are the first significant HHSRS changes since 2006, introduced by the Housing Health and Safety Rating System (England) (Amendment) Regulations 2026.
The update affects how councils inspect homes and take enforcement action. It is also relevant to tenants bringing fitness claims against their landlord . Here is what has changed and why it matters.
What has changed in the HHSRS?
One of the main changes is that the HHSRS hazards list has been reduced from 29 to 21. This does not mean that certain risks have disappeared. Instead, hazards that are similar in likelihood and potential harm have been combined.
The 2026 update also introduces:
- a new assessment and scoring process
- updated terminology
- new statutory guidance on how the HHSRS should be applied and enforced
- baseline indicators of conditions likely to amount to a serious hazard
The aim is a simpler, more consistent system to replace guidance that had been in place for around 20 years.
The new HHSRS 21 hazards list
Physiological requirements
- Damp and mould growth
- Excess cold
- Excess heat
- Indoor air pollutants (including carbon monoxide, combustion products, volatile organic compounds and other pollutants)
- Radiation
- Sanitation, water supply and drainage
Psychological requirements
7. Crowding and space
8. Domestic hygiene, pests and refuse
9. Noise
10. Lighting
Protection against infection
11. Food safety
Protection against accidents
12. Falls on stairs and ramps
13. Falls on the level
14. Falls between levels
15. Bathing facilities and associated hazards
16. Structural collapse and falling elements
17. Fire and explosions
18. Electrical hazards
19. Hot surfaces and materials
20. ollision, entrapment and ergonomics
21. Explosives and position/operation of amenities (including risks associated with fixed amenities and facilities)
Key Changes from the Old 29-Hazard System
Several of the old hazards have been merged:
- Indoor air pollutants now covers carbon monoxide, fuel combustion products, volatile organic compounds and uncombusted fuel gas.
- Domestic hygiene, pests and refuse takes in a number of former sanitation-related hazards.
- Fire and explosions are now a single hazard.
- Falls have been grouped into three categories: stairs and ramps, level surfaces, and between levels.
- Collision, entrapment and ergonomics combines several previous collision and entrapment hazards.
What do the HHSRS changes mean for tenants and landlords?
The HHSRS is still a risk-based system. The question is not simply whether something is wrong with a property. It is what risk that condition poses to the health and safety of the person living there.
Category 1 and category 2 hazards
If a category 1 hazard is identified, the local authority has a duty to take enforcement action. For category 2 hazards, the council has a discretion whether to act.
Council enforcement options
Enforcement can range from a hazard awareness notice to an improvement notice or, where appropriate, emergency remedial action. An improvement notice sets out the works required and the deadline for completing them. Failing to comply can lead to further enforcement, including prosecution or a civil penalty where the statutory conditions are met.
What has changed is that officers now work from an updated framework when inspecting homes and deciding how serious a hazard is.
For tenants
If you are reporting damp and mould, excess cold, unsafe electrics or structural defects, the changes could affect how those problems are assessed and what enforcement action follows.
For landlords
A property that has avoided enforcement action in the past will not necessarily be assessed the same way under the updated system.
HHSRS and fitness for human habitation claims
The changes are also relevant to the rights of tenants under section 9A of the Landlord and Tenant Act 1985. This implies a covenant that a property must be fit for human habitation at the start of, and throughout, the tenancy.
The HHSRS and section 9A are not the same legal test. However, section 10 of the 1985 Act requires the court to have regard to any “prescribed hazard” under the Housing Act 2004 when deciding whether a property is fit for human habitation. The 21 HHSRS hazards therefore remain relevant when assessing whether a property is fit for human habitation.
Do you need a category 1 hazard to bring a housing disrepair claim?
No. A category 1 hazard is not a requirement for a housing disrepair claim. The question under section 10 is whether the property is “not reasonably suitable for occupation in that condition”.
You do not have to wait for the council to inspect, find a category 1 hazard or serve an improvement notice before pursuing a fitness claim.
Key takeaways
- The HHSRS changed on 23 June 2026, the first major update since 2006.
- Hazards have been cut from 29 to 21 by merging similar risks.
- There is a new scoring process and new statutory guidance with baseline indicators.
- Councils still must act on category 1 hazards and may act on category 2 hazards.
- The 21 hazards remain relevant to fitness for human habitation claims, but a category 1 hazard is not needed to bring a claim.
The 2026 reforms change both local authority enforcement under Housing Act 2004 and the rights implied into relevant tenancy agreements for tenants to live in a property which is fit for human habitation. For practitioners, the changes provide a refreshed framework for identifying and assessing hazards.
Frequently asked questions
When did the HHSRS changes come into force?
The updated HHSRS came into force on 23 June 2026 under the Housing Health and Safety Rating System (England) (Amendment) Regulations 2026.
How many hazards are in the HHSRS now?
There are now 21 hazards, down from 29. Similar hazards have been combined rather than removed.
Is damp and mould still an HHSRS hazard?
Yes. Damp and mould growth can be a category 1 or 2 hazard under the physiological requirements group.
What is the difference between a category 1 and category 2 hazard?
A council must take enforcement action for a category 1 hazard. For a category 2 hazard, it has discretion whether to act.
Can I bring a disrepair claim without a council inspection?
Yes. You do not need the council to inspect, identify a category 1 hazard or serve an improvement notice before bringing a fitness for human habitation claim.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
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