To: Directors of Environmental Health/ Chief Environmental Health Officers of London, Metropolitan, District and Unitary Authorities and Chief Executives of County Councils.

For the attention of: Environmental Services/ Trading Standards/ Fire Authorities/ Other

This circular gives advice to local authority enforcement officers

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ENFORCEMENT OF HSWA IN HOLIDAY HOMES

INTRODUCTION

1 This LAC clarifies the enforcement of HSWA in holiday cottages, chalets and similar holiday properties. The underlying problem here is the enforcement allocation for these premises falling to the HSE, Local Authorities (LAs) and Trading Standard Officers (TSOs) as there are overlapping areas as far as HSWA is concerned.

2 The effect of Schedule 1, paragraph 5 of the Enforcing Authority Regulations (EA) 1998 is that, where the main activity in premises is the provision of permanent or temporary residential accommodation including the provision of a site for caravans or campers, LAs will be the enforcing authority. However, certain work activities carried out by persons who do not normally work on the premises are reserved to HSE as in Schedule 2, paragraph 4 of the EA Regs 1998.

PRIVATELY OWNED, NORMALLY MANAGED AND RENTED OUT HOLIDAY HOMES

3 These are considered to be 'domestic premises' ie privately owned dwellings under section 53(1) of the HSWA and any enforcement would fall to HSE where the property is occupied for most of the time by the owners, who merely provide occasional temporary accommodation. Examples include owners who provide accommodation for holiday purposes during sporting events like cricket or tennis and those occasionally renting out their property through magazine/newspaper advertisement.

4 However, where these premises are normally used for providing holiday accommodation throughout the year, then the premises are regarded as 'non- domestic' premises and are enforced by LAs (see para 5). For example, where holiday homes provide or are available for temporary or permanent accommodation for more than 20 weeks in a year.

HOLIDAY COTTAGES AND CHALETS MANAGED BY LETTING AGENTS OR COMPANIES

5 The main activity here is the provision of temporary/permanent accommodation and therefore Schedule1, paragraph 5 of the EA Regs 1998 allocates enforcement responsibility to LAs. This responsibility includes any incidental or transient work activities taking place within such premises eg painting.

6 Schedule 2, paragraph 4 of the EA Regs 1998 allocates enforcement to HSE in respect of specified activities carried out on the premises by those who do not normally work in the premises. These includes any gas or electric installation, maintenance or repair work.

HOLIDAY HOMES IN MIXED SITES

7 Where in a mixed site, the site-owner has responsibility for renting homes and some privately owned homes, separately occupied premises should be considered separately. For example, a home which is occupied as a private dwelling, but rented out occasionally and managed by the site owner would fall to HSE for enforcement.

QUALITY OF ACCOMMODATION

8 However, the quality of accommodation provided is covered by the Consumer Protection Act 1987 and legislation made under the Act and enforced by TSOs. For example:

• the General Product Safety Regulations 1994 may have application to products within the properties including household goods like toasters, fridges etc which are hired out as part of the premise to the client;
• the Furniture and Furnishings (Fire)(Safety) Regulations 1989 (as amended), apply to upholstered furniture and furnishings supplied as part of the accommodation.

This does not cover the structural integrity and fixed installations ie walls, windows, ceilings, electrical sockets etc, which is allocated to LAs to enforce.

OTHER LEGISLATION

8 General legislation relating to housing, public and food hygiene provisions are enforced by LAs.

CASES OF UNCERTAINTY

9 In these cases, there should be close liasion and discussion between HSE's Enforcement Liasion Officers (ELOs), LA enforcement officers and TSO.

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