Taking enforcement action

If Bradford Council’s Housing Standard Team find Category 1 hazards using the Housing Health and Safety Standard (HHSRS) they must take enforcement action to deal with these. The Housing Standards Team can also take action to deal with Category 2 hazards.

The decision on which type of action is taken is based on:

• the severity of the hazard score
• whether the Council must take action by law or just has a power to act if this is appropriate
• a judgement about the best means of dealing with the hazard.

Any action will be taken in line with the Council's Enforcement Policy.

The courses of action available to the Council are:

1. Improvement Notice to carry out remedial work to remove or reduce Category 1 or 2 hazards within a property within a specified time period
2. Prohibition Order to prohibit use of part or all of the dwelling where Category 1 or 2 hazards exist. It can also be used to prohibit use of the dwelling for certain purposes or certain groups of people
3. Hazard Awareness Notice for remote and minor Category 1 and 2 hazards where remedial action is desirable
4. Demolition Order to deal with dwellings where Category 1 and 2 hazards are present and demolition is deemed to be the most satisfactory course of action
5. Emergency Remedial Action to take action to remove Category 1 hazards which present an imminent risk of serious harm to the occupiers or other persons. The action can be taken by the Council at any time with a Notice served within 7 days
6. Emergency Prohibition Order to immediately prohibit the use of all or part of the dwelling where a Category 1 hazard presents an imminent risk of serious harm to the occupiers or other persons
7. Declaration of a Clearance Area to deal with dwellings where Category 1 and 2 hazards are present and clearance is deemed to be the most satisfactory course of action.

The Council is also able to carry out work (act in default) to deal with hazards and charge the person who should have done the work. The Council can prosecute or issue a Civil Penalty for lack of compliance with Notices and Orders. The Council will generally also try to recover costs associated with taking enforcement action, by issuing a demand.