Primary Authority Extension. Housing Health and Safety Rating System

Transcription

1 Primary Authority Extension Housing Health and Safety Rating System

2 Background Primary Authority enables businesses to receive robust and reliable advice through partnership with a single local authority. It can also help to resource the targeted support made available to businesses by local authorities as they can offer Primary Authority on a cost-recovery basis. Since its launch in April 2009, Primary Authority has received considerable support. On 31 January 2014, 961 businesses were in direct partnerships with 120 local authorities. In October 2013, Primary Authority was extended to cover the Housing Health and Safety Rating System (HHSRS). It can now provide landlords with confidence to invest in compliance, raising standards. This booklet summarises how Primary Authority operates for housing regulation, through partnerships between local authority housing regulators and landlords and other lettings businesses. Business eligibility There are two routes to eligibility: Direct partnership: A business is eligible if it is regulated by more than one local authority. Co-ordinated partnership: A business is eligible if it shares an approach to compliance with other businesses and together they are regulated by more than one local authority. Co-ordination of this type of partnership is usually through a trade association or franchise group. In the case of housing, it may be that a landlords association or accreditation scheme works with a primary authority to offer partnerships to its members. Support The online, interactive Primary Authority Register has many resources to help local authorities and businesses get the most from Primary Authority. The Statutory Guidance provides the framework for the operation of the scheme. The Handbook provides explanatory material on the operation of the scheme. It presents tips and explanations, and uses practical examples to illustrate certain aspects of the scheme. Free training We offer free training on Primary Authority for local authorities. Our introductory course covers the basics of becoming a primary authority, as well as how enforcing authorities should operate within the scheme. Please follow the above link to contact us and arrange a training session for housing regulators in your area. February

3 Key features Primary Authority Advice Primary authorities can use their understanding of a business and its housing stock to provide robust, bespoke advice. Enforcement action proposed by other local regulators has to be notified to the primary authority and must be consistent with advice given to the business. Primary Authority Advice can provide support by: helping a landlord to understand his or her responsibilities; setting out a process, taking into account local factors, for landlords to apply in their properties in order to determine how best to avoid certain hazards; and giving assurance that an agreed maintenance schedule is suitable for the housing stock and local risk factors identified. This enables landlords to invest with confidence in their properties, knowing that the resources they devote to improving their properties are well spent. Inspection plans A primary authority may think it appropriate to create an inspection plan under partnerships for some landlords. Inspection plans apply to routine and proactive inspections and other visits and can: inform enforcing authorities prior to local checks; reduce duplication; improve targeting and focus; and require officers to provide vital feedback that the primary authority can use to help the business raise standards. Relationship management Partnerships within Primary Authority enable a collaborative approach where local authorities work with businesses to deliver improved protections and an efficient and joined-up system. The business and enforcing authorities benefit from the primary authority acting as a single point of contact, saving time and effort. The primary authority can use its understanding of the business, and peer relationships with enforcing authorities to resolve issues quickly and effectively. 3

4 How might Primary Authority for housing work? Example 1 A registered social landlord has in his portfolio identical houses on a long street, which fall into the enforcement responsibilities of two neighbouring local authorities. The landlord has, in the past, received conflicting advice from these councils as to how he should equip the properties appropriately to prevent excess cold. He now forms a partnership with a primary authority and raises this issue with the primary authority officer. In setting up the partnership, the primary authority assessed the types of property in the landlord s housing portfolio and visited a representative sample. The partnership has regular meetings to prioritise actions and discuss, amongst other things, how the landlord manages his repair programme. This puts the primary authority in a good position to understand the issue relating excess cold in the properties concerned. The officer acts as a point of contact between the two neighbouring local authorities and the landlord and is able to agree an appropriate way forward. As a result of the partnership, the landlord has confidence to invest in particular measures, such as heating systems and insulation, thereby improving living standards for tenants living in them. Example 2 A landlords association is aware that its members are uncertain of how best to protect their tenants from intruder entry. It approaches a local authority to discuss Primary Authority and there is agreement to work together to offer partnerships to its members. The housing authority is aware that advice for this co-ordinated partnership must be flexible enough to deal with a range of local circumstances and housing stocks. Primary Authority Advice is issued setting out broad appropriate standards of locks and other security measures for properties in areas with different crime ratings. It identifies certain local factors to be taken into account by the landlord, and provides guidance on these factors. An enforcing authority visits a property owned by one of the landlords who has entered a partnership with the primary authority. He is following the Primary Authority Advice. The officer feels that a greater level of security is appropriate; an elderly lady lives alone in an otherwise low crime area where the elderly have been targeted by burglars in the last few weeks. This is consistent with the assured advice because the vulnerability of tenants is one of the local factors. The officer and the landlord agree with reference to the advice that an extra deadbolt and some secondary window locks would be sufficient. 4

5 How might Primary Authority for housing work? Example 3 A landlord has properties in multiple local authority areas, including some with period features such as doors. He is unsure if the original doors can be made compatible with the HHSRS requirements for fire safety. He asks his primary authority for advice. Based on research data and property visits, Primary Authority Advice is issued that treating the original doors with a certain fire retardant product will be sufficient. It further states that the landlord must maintain the door treatment regularly. An enforcing authority proactively inspects one of his properties, and decides to serve an improvement notice, requiring the landlord to use purpose-made fire doors. The enforcing authority notifies the primary authority of its intention, and is referred to the previously issued Primary Authority Advice that treatment of the original doors is sufficient. The primary authority considers that the proposed improvement notice is inconsistent with this advice and explains its reasoning to the enforcing authority. The enforcing authority, on future visits to the property, checks local implementation of the advice and upkeep of the fire treatment. Example 4 A pub group owns a number of residential properties above public houses, which are in different local authority areas. Most of the accommodation meets the house in multiple occupation (HMO) definition, and as a result the business has found that it is increasingly subject to proactive inspections. The business already has a partnership with a primary authority for other regulatory areas. It agrees to add the housing category to the partnership as the primary authority is in a good position to offer tailored advice on HHSRS. As it has an overview of the business housing stock and operation, the primary authority can provide tailored solutions as to how the pub group could effectively overcome common hazards. It also develops an inspection plan which outlines the pub group s approaches to residential lettings compliance and asks for feedback on local implementation of the policies. The feedback received allows the primary authority to identify that properties in one area are prone to damp, and can work with the business to improve standards. 5

6 Frequently asked questions 1. How is a primary authority partnership set up? The first step for a business and a local authority wishing to establish a partnership is to agree arrangements, e.g. advice to be issued, costs etc. They should then make an application via the Primary Authority Register to nominate the local authority as primary authority. In the case of a co-ordinated partnership, there is a two-stage process. After the local authority and the co-ordinator agree to offer primary authority services to a group of businesses sharing an approach to compliance, both the local authority and the businesses make submissions via the Primary Authority Register. As part of the nomination process, proposed primary authorities submit evidence to BRDO demonstrating suitability to fulfil the role. Factors which may be taken into account include the authority s expertise in relation to the business, sector and regulatory area concerned. 3. What if I, as an enforcing authority, disagree with the Primary Authority Advice? If an enforcing authority disagrees with the Primary Authority Advice and wishes to go ahead with the enforcement action, BRDO recommends that it contacts the primary authority as soon as possible to discuss the situation. Most issues can be resolved informally in this way. In practice, when there are sound reasons for a local adaptation, the primary authority may well agree with an enforcing authority. In these cases, a primary authority can help the business and enforcing authority reach a satisfactory resolution. On occasions when a disagreement between a primary and an enforcing authority occurs, BRDO works with the two parties to try and resolve the matter. If that is not successful, there is a formal determination process backed by statute. 2. How do I know if a landlord is in a primary authority partnership? Checking whether a business is in Primary Authority is quick and easy by using the Primary Authority Register, which records all nominated partnerships. All officers in enforcing authorities who work with businesses in regulatory areas that are covered by the scheme should register as users of the Primary Authority Register. Local authorities can ask BRDO for help at pa@brdo.bis.gsi.gov.uk in case of difficulty. 6

7 About us Primary Authority is administered by the Better Regulation Delivery Office (BRDO). We exercise the statutory responsibility for its operation on behalf of the Secretary of State, nominating partnerships and issuing guidance. BRDO was set up to drive better delivery of regulation. Our aim is to promote a simple and clear regulatory environment in which businesses have the confidence to invest and grow, and citizens and communities are properly protected. BRDO does this by ensuring that the business voice is heard in the delivery of regulation and developing practical tools for regulators. This means: providing a centre of expertise for Primary Authority; simplifying delivery of regulation with business, regulators and government; tackling the regulatory delivery issues that matter to business and supporting Local Enterprise Partnerships; and supporting and sharing innovative approaches to good enforcement that encourage growth. In the course of our work, we make evidence-based advice and support available to Government ministers and provide guidance to local regulators. Our activity helps transform the way business experiences regulation on a dayto-day basis. BRDO was created on 1 April 2012 as an independent unit within the Department for Business, Innovation and Skills. We operate across the United Kingdom from our base in central Birmingham. For more on Primary Authority, visit the Primary Authority Register, pa@brdo.bis.gsi.gov.uk, or call Photographs courtesy of 7

8 Better Regulation Delivery Office Lower Ground Floor Victoria Square House Victoria Square Birmingham B2 4AJ