The Hazards in Social Housing (Prescribed Requirements) (England) Regulations 2025
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Change 1
5 Requirement to take emergency action
(1) This regulation applies if Condition 1 or 2 applies. (2) Condition 1 is that a lessor of a social home— (a) becomes aware of an issue of concern in relation to the social home, and (b) has reasonable grounds to believe that there is an emergency hazard affecting the social home (whether those grounds arise at the time the lessor becomes aware of the issue of concern or at a later time) but a relevant investigation has not so concluded. (3) Condition 2 is that— (a) a relevant investigation concludes that there is an emergency hazard affecting a social home, and (b) that investigation, or a subsequent associated investigation, identifies relevant safety work in relation to that hazard. (4) Subject to paragraph (6), the lessor must secure that as soon as reasonably practicable, but before the end of the emergency action period— (a) where Condition 1 applies— (i) an investigation of the relevant matter is completed by a competent investigator, and (ii) where that investigation concludes that there is an emergency hazard and identifies relevant safety work in relation to that hazard, the relevant safety work is completed; (b) where Condition 2 applies, the relevant safety work is completed. (5) Where the lessor complies with Part 6 (temporary rehousing etc.), paragraph (4) is to be read as if “, but before the end of the emergency action period” were omitted. (6) The requirement in paragraph (4)(a)(ii) or (b) ceases to apply from the time that any of the following events occur— (a) where the relevant safety work cannot be undertaken lawfully unless the lessor obtains the consent of another person, the lessor has exhausted all reasonable endeavours to obtain such consent, (b) a subsequent associated investigation concludes that the social home is not affected by a significant hazard or emergency hazard, or (c) a subsequent associated investigation concludes that there is no relevant safety work in relation to the hazard in question. (7) An emergency investigation— (a) must determine whether the social home is affected by a significant hazard or emergency hazard, (b) must, if possible, determine what work (if any) is required work in relation to any such hazard, (c) must, for the purposes of sub-paragraph (a), take into account any information provided by the lessee or any third party as to the impact of the relevant matter on, and the risk that the relevant matter poses to, the health or safety of an occupier of the social home, and (d) may consider any other relevant information. (8) In this regulation, “emergency action period” means the period of 24 hours beginning— (a) where Condition 1 applies, at the time that Condition 1 begins to apply, or (b) where Condition 2 applies, at the time that the investigation that identifies the relevant safety work is completed.
5 Requirement to take emergency action
(1) This regulation applies if Condition 1 or 2 applies. (2) Condition 1 is that a lessor of a social home— (a) becomes aware of an issue of concern in relation to the social home, and (b) has reasonable grounds to believe that there is an emergency hazard affecting the social home (whether those grounds arise at the time the lessor becomes aware of the issue of concern or at a later time) but a relevant investigation has not so concluded. (3) Condition 2 is that— (a) a relevant investigation concludes that there is an emergency hazard affecting a social home, and (b) that investigation, or a subsequent associated investigation, identifies relevant safety work in relation to that hazard. (4) Subject to paragraph (6), the lessor must secure that as soon as reasonably practicable, but before the end of the emergency action period— (a) where Condition 1 applies— (i) an investigation of the relevant matter is completed by a competent investigator, and (ii) where that investigation concludes that there is an emergency hazard and identifies relevant safety work in relation to that hazard, the relevant safety work is completed; (b) where Condition 2 applies, the relevant safety work is completed. (5) Where the lessor complies with Part 6 (temporary rehousing etc.), paragraph (4) is to be read as if “, but before the end of the emergency action period” were omitted. (6) The requirement in paragraph (4)(a)(ii) or (b) ceases to apply from the time that any of the following events occur— (a) where the relevant safety work cannot be undertaken lawfully unless the lessor obtains the consent of another person, the lessor has exhausted all reasonable endeavours to obtain such consent, (b) a subsequent associated investigation concludes that the social home is not affected by a significant hazard or emergency hazard, or (c) a subsequent associated investigation concludes that there is no relevant safety work in relation to the hazard in question. (7) An emergency investigation— (a) must determine whether the social home is affected by a significant hazard or emergency hazard, (b) must, if possible, determine what work (if any) is required work in relation to any such hazard, (c) must, for the purposes of sub-paragraph (a), take into account any information provided by the lessee or any third party as to the impact of the relevant matter on, and the risk that the relevant matter poses to, the health or safety of an occupier of the social home, and (d) may consider any other relevant information. (8) In this regulation, “emergency action period” means the period of 24 hours beginning— (a) where Condition 1 applies, at the time that Condition 1 begins to apply, or (b) where Condition 2 applies, at the time that the investigation that identifies the relevant safety work is completed.
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