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Section 28: Hazard awareness notices relating to category 1 hazards: duty of authority to serve notice

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

Part 1: Housing conditions — Chapter 2: Improvement notices, prohibition orders and hazard awareness notices

If—

the local housing authority are satisfied that a category 1 hazard exists on any residential premises, and
no management order is in force in relation to the premises under Chapter 1 or 2 of Part 4,

serving a hazard awareness notice under this section in respect of the hazard is a course of action available to the authority in relation to the hazard for the purposes of section 5 (category 1 hazards: general duty to take enforcement action).

A hazard awareness notice under this section is a notice advising the person on whom it is served of the existence of a category 1 hazard on the residential premises concerned which arises as a result of a deficiency on the premises in respect of which the notice is served.

The notice may not, by virtue of subsection (3)(b) or (c), be served in respect of any part of the building or its external common parts that is not included in any residential premises on which the hazard exists, unless the authority are satisfied—

that the deficiency from which the hazard arises is situated there, and
that it is desirable for the notice to be so served in the interests of the health or safety of any actual or potential occupiers of one or more of the flats.

A notice under this section may relate to more than one category 1 hazard on the same premises or in the same building containing one or more flats.

A notice under this section must specify, in relation to the hazard (or each of the hazards) to which it relates—

the nature of the hazard and the residential premises on which it exists,
the deficiency giving rise to the hazard,
the premises on which the deficiency exists,
the authority's reasons for deciding to serve the notice, including their reasons for deciding that serving the notice is the most appropriate course of action, and
details of the remedial action (if any) which the authority consider that it would be practicable and appropriate to take in relation to the hazard.

Part 1 of Schedule 1 (which relates to the service of improvement notices and copies of such notices) applies to a notice under this section as if it were an improvement notice.

For that purpose, any reference in that Part of that Schedule to "the specified premises" is, in relation to a hazard awareness notice under this section, a reference to the premises specified under subsection (6)(c).

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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.