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Section 10: Consultation with fire and rescue authorities in certain cases

Housing Act 2004 · 2004 c. 34View on legislation.gov.uk

Part 1: Housing conditions — Chapter 1: Enforcement of housing standards: general

This section applies where a local housing authority—

are satisfied that a prescribed fire hazard exists in an HMO or in any common parts of a building containing one or more flats, and
intend to take in relation to the hazard one of the kinds of enforcement action mentioned in section 5(2) or section 7(2).

Before taking the enforcement action in question, the authority must consult the fire and rescue authority for the area in which the HMO or building is situated.

In the case of any proposed emergency measures, the authority's duty under subsection (2) is a duty to consult that fire and rescue authority so far as it is practicable to do so before taking those measures.

In this section—

  • "emergency measures" means emergency remedial action under section 40 or an emergency prohibition order under section 43;

  • "fire and rescue authority" means a fire and rescue authority under the Fire and Rescue Services Act 2004 (c. 21);

  • "prescribed fire hazard" means a category 1 or 2 hazard which is prescribed as a fire hazard for the purposes of this section by regulations under section 2.

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This legislation text comes from legislation.gov.uk. Contains public sector information licensed under the Open Government Licence v3.0. These source and reuse terms cover the legislation text, not Remedy's commentary.

Reuse reviewed 21 August 2026 under Open Government Licence v3.0.