As we approach the second significant milestone of Awaab's Law, the housing sector will need to shift from the acute focus on damp and mould towards a much broader spectrum of ensuring "environmental and structural fitness" for tenants' properties.
Phase 1 of the Hazards in Social Housing (Prescribed Requirements) (England) Regulations 2025 (the 2025 Regulations) came into force on 27 October 2025 and implemented strict remediation timelines relating to damp and mould as well as emergency hazards. Phase 2 is set to commence in October 2026 and will bring in similar remediation requirements to a broader scope of hazards.
We consider in this article the complex set of challenges which social landlords and housebuilders will need to navigate to comply with Awaab's Law after this date.
Phase 2: the widening scope of hazards and defects
Under Awaab's Law, social landlords must investigate and undertake relevant safety work within 24 hours for potential emergency hazards and within 10 working days for significant hazards. If a significant hazard is confirmed, then remedial safety work must begin within 5 working days or, if delayed due to complexity, within 12 weeks.
We anticipate that these timelines will apply upon transition to the wider array of Housing Health and Safety Rating System (HHSRS) hazards set out under Phase 2 of Awaab's Law. Unlike damp and mould, many Phase 2 hazards will arise due to "built-in" defects which are inherent in the original design or structural fabric. As such, the remediation costs will likely be much more than those involved for Phase 1 damp and mould remediation work. This means that social landlords will be more driven to seek recovery from the original housebuilder and supply chain.
We consider the scope of the phase 2 HHSRS hazards and likely remediation requirements further:
Thermal hazards:
- Excess cold may just require boiler maintenance, but some properties with poor insulation will require substantial remediation by way of installing additional insulation cladding or installing cavity wall insulation – if this is possible.
- Excess heat is a rising litigation risk for modern, highly glazed developments. Short-term "safety work" might include providing standalone fans or internal thermal blinds. However, "supplementary preventative work" required for significant hazards (which must begin within 12 weeks of investigation) may require retrofitting external solar shading (brise soleil), installing air conditioning or applying solar-reflective films to glazing. Such costs may be substantial when required by an entire apartment block.
Fall hazards:
- This relates to falls associated with baths, falls on level surfaces, falls on stairs/steps, and falls between levels due to uneven surfacing. The "safety work" (within 5 days) might involve temporary ramps or hazard tape but the permanent fix will likely require re-laying to provide level surfaces/ thresholds. Another aspect of this hazard is that it may involve remediation required to common parts and/ or external landscaping.
Structural and explosive risks
- This concerns structural collapse and falling elements, and hazards related to explosions. This could relate to minor issues such as falling roof tiles or a collapsing chimney. Severe hazards relating to total structural collapse or explosions will require evacuation and the provision of temporary accommodation for tenants.
Fire safety and electrical hazards:
- Electrical hazards: This could concern exposed live wiring, arcing or sparking or outdated fuse boards or inadequate earthing.
- Fire safety hazards: these could relate to inadequate smoke detectors, faulty fire doors or the discovery of highly flammable materials in cladding or internal wall lining.
Hygiene and Sanitation:
- This relates to domestic hygiene, personal hygiene, sanitation, and food safety risks. Defects that prevent the effective cleaning of kitchens or bathrooms, or lead to pest infestation (e.g., gaps in service risers) could result in it being deemed a hazard to be remediated in accordance with Awaab's Law. This may involve the wholesale replacement of "uncleanable" cracked surfaces, upgrading kitchen cabinetry to non-porous materials, or sealing structural voids that act as vermin "highways."
Liability for breach of the 2025 Regulations and the "Vulnerability" Variable
Social landlords will be in breach of the 2025 Regulations if they fail to meet the relevant timeframe for investigating and initiating the remediation of a hazard. Beyond damages, social landlords are now legally obliged to provide alternative accommodation at their own expense if a hazard cannot be made safe within the timeframe.
One of the most complex aspects of ensuring compliance is that it isn't an objective test.
Whilst a full HHSRS assessment scoring the hazard as either a Category 1 or Category 2 hazard is not required, nevertheless a more straightforward person-centred assessment must be undertaken by the landlord, which considers the tenant’s circumstances when assessing the risks presented by a hazard.
For housebuilders, the determination of a hazard by reference to the occupant creates an indeterminate liability. Whilst they may have delivered a scheme to Building Regulations, whether a claim could be brought against them in breach of the 2025 Regulations entirely depends upon the vulnerabilities of the specific demographic in the property.
Social landlords who are put in breach of the 2025 Regulations will look for recourse against the housebuilder and supply chain who undertook the relevant works.
- Contractual recourse: If the works were completed within the last 12 years then social landlords would look to bring a claim under the relevant development agreement, building contract or collateral warranties. Aside from the remediation of the works, if a social landlord is forced to pay for alternative accommodation then the social landlord will seek to recover these consequential losses from the relevant members of the supply chain.
- The Defective Premises Act statutory extension: The Building Safety Act 2022 extended the limitation period for claims under the DPA to 30 years (retrospective) and 15 years (prospective). Many Phase 2 hazards could be framed as a breach of the duty to build a dwelling in a "workmanlike manner" so that it is "fit for habitation."
Preparing for October 2026: A Strategy for Compliance
Phase 2 of the 2025 Regulations will have far-reaching consequences for the housing sector and all stakeholders need to prepare for when it comes into force. Social landlords and housebuilders should review the following to mitigate the cost of emergency remediation costs and the risk of litigation:
- Social landlords: Conduct "Phase 2 Audits" now. Identifying uneven surfaces or overheating risks before a tenant reports them allows you to schedule works as "planned maintenance" rather than "emergency safety work," which carries a significant mobilisation premium.
- Housebuilders: The 2025 Regulations have effectively extended the HHSRS from only being a local authority enforcement tool into a fitness for purpose obligation linked to the vulnerability of the occupant. Housebuilders need to review their PI insurance and that of their supply chain to ensure it covers "statutory breach" and not just "negligence." Furthermore, they should revisit standard specifications for glazing and flooring thresholds: "Building Regs compliant" is no longer the ceiling for quality.
If you have any questions on comply with Phase 2 of Awaab's Law, please contact Andy Waite and Dorota Pawlowski.
