The Government has published consultation papers proposing updates to the Decent Homes Standard and a new Minimum Energy Efficiency Standard (MEES) for social and affordable housing. Both consultations close on 10 September. ARCH is preparing responses to both consultations, and we would like to hear from any member authority with views on the proposals. If so, please get in touch with ARCH Policy Adviser Matthew Warburton (matthew.warburton@arch-housing.org.uk).
Decent Homes
The current Decent Homes Standard requires homes to meet four criteria. They must be: A: free of dangerous hazards, B: not in excessive disrepair, C: have defined basic facilities, and D: have effective heating and adequate insulation.
No change is proposed to Criterion A, which requires that a dwelling must be free of any HHSRS Category 1 hazard. These are the hazards to which Awaab’s Law will apply when fully implemented. The HHSRS definitions have been changed since the Decent Homes Standard was last reviewed, but the criterion will remain the same.
To fail the current Criterion B, specified building components must be both older than a specified age, and in disrepair. The consultation paper proposes to remove the age criterion, making condition the sole test of disrepair.
Age is also part of the definition of the required facilities in the current Criterion C – a kitchen must be less than 20 years old and a bathroom less than 30 years. These requirements are also being removed, older bathroom or kitchen components will be acceptable provided they work properly. The list of required facilities is also being extended to include window restrictors. Views are invited on whether secure doors and windows should be added to the list, and whether appropriate floor coverings should be provided in every room at the start of a tenancy.
The current Criterion D is proposed to be replaced by a requirement that a dwelling meet the new Minimum Energy Efficiency Standard, which is the subject of a separate consultation, and have programmable heating.
A new Criterion E is proposed, requiring that properties are kept free from damp and mould.
These proposals are summarised in the Table below.
| Criterion | Current DHS | Potential updates for DHS |
|---|---|---|
| Criterion A | A dwelling must be free of hazards at the most dangerous ‘category 1’ level | No changes |
| Criterion B | A property fails if one or more key building components are old and in disrepair;
or two or more other building components are old and in disrepair |
Failure is based solely on the condition of components, not the condition and their age
The lists of key and other building components are expanded |
| Criterion C | A property fails if it lacks three or more facilities, e.g. adequate kitchen which is less than 20 years old or bathroom which is less than 30 years old | Properties must provide at least three of the core facilities to be decent (see proposal 2).
Bathroom and kitchen age is no longer a reason for failure Window restrictors added to list of essential facilities Potential additions: Consider if secure doors and windows be added to the list of essential facilities. Consider if floor coverings should be provided at the start of a tenancy |
| Criterion D | A dwelling must have both efficient heating and effective insulation | A dwelling must meet relevant Minimum Energy Efficiency Standards and have programmable heating |
| Criterion E (new) | No specific damp & mould requirement | Landlords should ensure their properties are free from damp and mould. |
The new Standard will apply to both social and privately rented housing. The Government is proposing an implementation date of either 2035 or 2037 – this is the date by which all properties would have to comply with the new Standard, the necessary work is expected to be phased over this period, which the consultation paper says is comparable to the implementation timetable for the original DHS.
Minimum Energy Efficiency Standard (MEES)
The Government is planning to introduce MEES in the social rented sector using new metrics that are proposed following reform of Energy Performance Certificates (EPCs). The new metrics are:
- a fabric performance metric which assesses energy performance based on the fabric efficiency of the building;
- a heating system metric which assesses the efficiency and emissions of the building’s hot water and heating systems and possibly cooking appliances;
- a smart readiness metric assessing energy performance and ability to integrate with a flexible energy system;
- an energy cost metric.
MEES will be included in the Decent Homes Standard (DHS) as part of Criterion D on thermal comfort. As with the wider DHS, the standard will apply to all registered providers of social housing in England and will be regulated by the Regulator of Social Housing (RSH). It does not include properties owned under Low-Cost Home Ownership Schemes (LCHO) such as shared ownership properties.
The consultation paper proposes that social rented homes will be required to meet a standard defined using the reformed EPC metrics, meeting the fabric metric at band C and either the heating system or the smart readiness metric. A compliance date of 2030 is proposed, meaning that this part of the new DHS will come into force earlier than the others.
The consultation paper acknowledges that the proposed standard is different from EPC Energy Efficiency Rating C, towards which providers are currently working. For some homes, it will be more expensive to meet the new MEES standard than the current EPC EER C standard. Recognising this, the consultation also seeks views on the suitability of alternative standards, including using different combinations of metrics, allowing greater provider flexibility over which metric they satisfy or by using a single fabric metric to prioritise warm homes.
This consultation also seeks views on how MEES will be introduced and implemented. Government proposes that there is a time-limited spend exemption for providers, meaning the maximum a provider would be required to spend to comply with MEES between now and 1 April 2030 is £10,000 per property. If the property still does not meet the minimum standard after the £10,000 expenditure, the exemption would allow providers to delay meeting the proposed standard for a further 10 years from 2030.
In addition
• social rented homes achieving EER C against existing EPCs, before new EPCs are introduced, would be considered compliant with the standard until those EPCs expire. This aligns with the approach outlined in the PRS MEES consultation.
• social rented homes that meet the existing EER C standard between the introduction of the new EPCs and 1 April 2028 would also be considered compliant with the proposed standard until their EPC certificates expire. This will support providers who already have multi-year projects in train to achieve the current EER C and avoids delaying work to make homes energy efficient.
This consultation also closes on 10 September.