Appealing an Improvement Notice, how to appeal, vary, or Challenge an HHSRS Improvement Notice
I always try and see the positive in these. It is best to use that positive approach.
Improvement Notices issued under the Housing Act 2004 can feel intimidating, particularly where they involve technical building safety, fire safety, or Housing Health and Safety Rating System (HHSRS) issues. In practice, many notices are well, intentioned but over, prescriptive, technically imprecise, or based on generic wording rather than the specific characteristics of a building.
This article explains how property owners, landlords, and managing agents can approach an Improvement Notice calmly and professionally, protect their position, and where appropriate, appeal, challenge, or seek variation of requirements under the HHSRS without escalating matters unnecessarily.
1. What is an Improvement Notice under the Housing Act 2004?
An Improvement Notice is not a finding of fault. It is a statutory mechanism used by local authorities to reduce risks identified under the Housing Health and Safety Rating System (HHSRS).
Two points are critical:
• The Council must identify a hazard, but
• The prescribed remedial works must be reasonable, proportionate, and appropriate to that hazard.
Accepting that a hazard exists does not mean you must accept the specific solution proposed by the Council.
2. Separate the HHSRS hazard from the Council’s proposed solution
A common mistake is to assume that because a hazard is accepted, the Council’s proposed works are mandatory.
In reality:
• You may accept the risk but dispute the method
• The Housing Act allows for alternative remedial measures that achieve the same outcome
• Over, engineering can sometimes create new risks
For example:
• Installing a communal fire alarm in a small, stay put block of flats can undermine the fire strategy
• Prescribing a new shower may remove hot water from a basin, creating a new hygiene deficiency
The law is concerned with outcomes, not checklists.
3. Read the Improvement Notice schedules carefully, wording and scope matter
Schedules attached to Improvement Notices often contain:
• Generic language intended for larger or different buildings
• References to Building Regulations that are not retrospective
• Technical terms used inaccurately (e.g. “uneven goings” where only one step exists)
It is entirely appropriate to:
• Seek clarification
• Correct factual inaccuracies
• Narrow the scope of requirements
Always do this in writing.
4. Use independent professional evidence to support an appeal or variation
Where a requirement is technical (fire safety, electrical systems, structural matters), independent evidence is often decisive.
A short letter from a suitably qualified professional can:
• Confirm accepted industry practice
• Explain why a prescribed solution is unnecessary or inappropriate
• Support a request to vary the Notice
This is far more effective than argument alone.
5. Engage constructively with the Council, but protect your appeal rights
It is usually sensible to:
• Progress undisputed works
• Communicate calmly and clearly
• Propose staged or proportionate solutions
However, Improvement Notices carry strict appeal deadlines (typically 21 days).
If discussions are ongoing and deadlines are approaching, a protective appeal should be lodged.
A protective appeal:
• Preserves your legal position
• Suspends enforcement of disputed items
• Does not commit you to a hearing
• Can be withdrawn at any time
Tribunals see protective appeals regularly, they are a normal procedural safeguard.
6. Building Regulations and HHSRS, guidance, not retrospective enforcement
Local authorities often refer to “current Building Regulations” within Improvement Notices.
It is important to understand that:
• Building Regulations are not retrospective
• HHSRS enforcement is risk based, not compliance based
• References to regulations should be read as guidance, not strict legal tests
The correct question is always:
Does the proposed work proportionately reduce the identified risk?
7. Keep records, photographs, and evidence for a tribunal appeal
Throughout the process, keep:
• Photographs (before and after)
• Test results and measurements
• Professional opinions
• Copies of all correspondence
If a matter ever reaches tribunal, clarity and documentation matter far more than volume.
8. How Improvement Notice appeals are usually resolved
Most Improvement Notice disputes resolve through:
• Variation of the Notice
• Agreement on alternative works
• Withdrawal of a protective appeal
Very few cases proceed to a contested hearing.
The aim should always be to reduce risk sensibly, not to “win” an argument.
Final thoughts, proportionate responses to Improvement Notices
Improvement Notices are part of the regulatory landscape, but they are not infallible.
Owners are entitled to expect:
• Technical accuracy
• Proportionality
• Practical solutions that do not introduce new hazards
A calm, evidence led approach almost always leads to better outcomes than confrontation or blind compliance.
If you are dealing with an Improvement Notice and would like professional support in reviewing, responding to, or appealing it, Adkins Consultants can assist with pragmatic, technically robust advice tailored to your property.
Please contact David King in the first instance for an informal chat. 01622 236500
