Briefing: Consultation on a New Decent Homes Standard

The Ministry of Housing, Communities and Local Government has just launched a consultation on proposals to update the Decent Homes Standard. Here we will aim to explain what these proposals involve in a concise way.

Some thoughts

Few people would disagree that the Decent Homes Standard is due for an update. The intention to improve housing standards, simplify the system and address situations where currently it does not work well are to be welcomed.

But, at first glance, it seems that we could be entering a new and very complex era for housing standards. For a start, despite what the proposal says, it doesn’t seem like the standard will be simplified much. That is even before the way it will work with upcoming new legislation like Renters’ Rights is considered. To say nothing about the uncertainty that introducing it into the PRS will involve.

In short, if these proposals are adopted, the new DHS is likely to present a big challenge to the sector.

This might not be an insurmountable problem for social sector housing professionals and for local authority housing officers whose job it is to deal with the new rules. (And for whom they will likely generate a lot more work). But it will not be so easy for PRS landlords, especially small ones, to say nothing of tenants.

It is worth bearing in mind that the social sector has struggled with meeting DHS standards for years. (The official statistics quoted in the proposal say that, today, 10% of homes in the social sector and 21% of homes in the PRS are non-decent.) So how will the PRS cope?

Something should, perhaps, also be said about the 10-12 year timescale for introducing the reformed DHS. Will a new standard put together in 2025 still be relevant in ten years time.

It is important to note that these proposals to reform the Decent Homes Standard are just proposals as part of an ongoing consultation. None of them are guaranteed to come into force. A lot can happen in ten years. However, everyone in the industry should bear in mind how things will change if they do.

Background to the consultation

The Decent Homes Standard or DHS was first introduced to the social housing sector in 2000. It has been updated only once since, in 2006. It was originally devised as a stock management tool for this sector.

This consultation is part of a longstanding commitment by this and previous governments to update the DHS. The proposal document issued for this consultation says there is a need to improve housing standards particularly to help tackle the social costs and heath issues attributable to poor housing.

As many will know, the DHS is concerned with assessing when a home meets an acceptable standard, and when it does not. Under the current DHS a home is considered ‘decent’ (or ‘non decent’ otherwise) if it is: Free from health and safety hazards at the most severe category 1 level as per the Housing Health and Safety Rating System (HHSRS). It should also be in a reasonable state of repair, have reasonably modern facilities and services and provide a reasonable degree of thermal comfort.

Key takeaways

From the consultation document it is apparent that some quite fundamental changes to the way the DHS is assessed – and whether homes pass or fail it – are being proposed.

Also integral to the proposals are that the new DHS is being designed to be a common standard across both the social sector and the private rented sector (as and when the Renters’ Rights Bill introduces it into the PRS). However there will be some key differences – more details later.

As now a reformed DHS will work alongside other legislation on housing standards such as the Housing Act 2004 and the Homes (Fitness for Human Habitation) Act 2018. However, very significantly, it will have to work alongside brand new legislation to include Renters’ Rights plus Awaab’s Law, upgraded Minimum Energy Efficiency Standards (MEES) and the pending proposed update of the Housing Health and Safety Rating System.

How the consultation was prepared

The consultation document was prepared by the MHCLG as a result of a review of the current DHS. This involved consultation with a number of stakeholders through what are referred to as ‘sounding boards’ plus workshops and written submissions. The stakeholders included some (but not all) local authorities, academics, trade and professional bodies and campaigning organisations.

Contributors were asked about the shortcomings of the current system, ways in which it could be made simpler, and how a common standard could work across all tenures.

The proposed changes to the Decent Homes Standard

In this section we will look at the proposed changes to the standard itself. (This represents a simplified summary. For full details of each proposal please refer to the consultation document.)

The proposal outlines changes to four existing criteria (A-D) and adds a new one – E.

Note that one important criterion that it is NOT proposed to change is that dwellings must be free of hazards at the most severe category 1 HHSRS level.

Updating the definition of disrepair, updating the thresholds and removing the age limits

The proposals suggest updating the way disrepair is measured. The current definitions of disrepair will be replaced with a ‘descriptive definition’ of each building component (in non-technical terms, parts of a building) and guidelines on the signs that indicate when it should be considered as being in poor condition.

An important proposal here is that the age rules– the 20 year limit on kitchens and 30 year limit on bathrooms – will be removed. These will pass or fail purely on their actual condition.

Revising the list of building components which must be kept in a reasonable state of repair

The proposals suggest that as well as updating the required standards for some building components (such as the structure, roof, doors and windows, bathrooms and kitchens) new components will be added to those which are examined. This only applies where they exist in that property.

Components to be added include: Freestanding showers. Fire safety components (internal doors, fire alarm systems, sprinkler systems and signage). Damp and causes of damp including damp proof courses. Ventilation installations. Rainwater goods. Access-related items including lifts and stairs. Internal finishes. Door entry security systems. Shared outdoor spaces to include walls, paths, steps, lighting and bin stores will be added for social properties only.

Revising the approach to facilities 

At the moment a property fails to meet the DHS if it lacks three or more of six specific facilities that are both adequate and ‘reasonably modern’.

The proposals suggest a technical change in this definition so that a property has to provide at least three of: A kitchen with adequate space and layout​. An appropriately located bathroom and WC​. Adequate external noise insulation​. Adequate size and layout of common entrance areas for blocks of flats. This change will run alongside the updated kitchen and bathroom standards.

Adding a new window restrictor requirement

It is proposed that opening windows which present a safety risk should have a window restrictor device. This is primarily for child safety reasons.

Adding a new home security requirement 

It is proposed that new doors and windows will need to meet a minimum security requirement. Currently this is not a specific requirement as such.

Adding a new floor covering requirement  

It is proposed that properties offered on new tenancies must be provided with suitable floor coverings such as carpets, tiling, lino or properly finished wooden floorboards. Bare concrete or timber/chipboard floors would not meet the DHS.

This change is mainly aimed at the social sector where floor coverings are generally not provided by the landlord.

Streamlining and updating requirements on thermal comfort

Currently the DHS says that a dwelling must have efficient heating in part of the accommodation (at least two rooms) and effective insulation alongside a number of technical requirements.

It is proposed that some of the technical standards will be removed. It is proposed that the new standard will be that heating must cover the whole property, must meet relevant Minimum Energy Efficiency Standards (which vary by tenure and have to be finalised) and be programmable.

Introducing a new standard for damp and mould

This will be covered by a new Criterion E. It could potentially be a very significant change, especially in the light of other pending legislation like Awaab’s Law. Currently there is no specific damp and mould requirement. However, it is proposed that the reformed DHS will require landlords must ensure that their properties are free from damp and mould.

Other key changes to know about

In this section we will look at other proposals for changes in the way the DHS operates, other than the way in which it is assessed.

Allowances for other types of property

The proposals make some allowances for how the new DHS will affect supported housing, temporary accommodation and also leasehold or commonhold properties.

The addition of best practice guidance

There is a proposal to add best practice guidelines to the DHS. Following this guidance will be voluntary not mandatory. The document says this was suggested by stakeholders.

It is suggested best practice could cover areas like accessibility, security, water efficiency, climate change, furniture provision, digital connectivity and EV charging.

The enforcement and penalty regime

Compliance with the reformed DHS will rest with the Regulator of Social Housing (RSH) for the social sector, as now.

Local authorities will have responsibility in the PRS.

The DHS standards in the PRS will be divided into two categories: Type 1 failures where a local authority has a duty to enforce and type 2 failures where a local authority has a power to enforce. (Similar to category 1 and 2 hazards in the current HHSRS.)

There will be similar enforcement methods available as for the HHSRS. The proposal suggests raising maximum fines for non-compliance in the PRS from £30,000 to £40,000. Local authorities will also be able to issue civil penalties up to £7,000.

Proposed exemptions

There are already some legal exemptions from the need to comply with the DHS in the social sector. For example, where a tenant does not want work to be done or where planning rules prohibit the work. Broadly it is proposed that the current arrangements for dealing with these situations will continue. Providers need to work with tenants to aim to find a solution.

The consultation suggests that this will not be the case in the PRS. It will be down to the discretion of the individual local authority as to what exemptions they allow.

Timeframe for implementation of the new DHS

The consultation suggests that the new DHS could be brought into force for all tenures in either 2035 or 2037.

The current DHS will stay in force in the social sector until then.

The DHS does not, of course, apply to the PRS as yet. The Renters’ Rights Bill will introduce it. But it is not entirely clear how and when this will happen.

More information – and how to respond to the consultation

You can find full details of the proposed changes to the Decent Homes Standard and how to respond to the consultation here: Consultation on a reformed Decent Homes Standard for social and privately rented homes

The consultation ends on 10 September 2025.

The consultation on reforming the DHS relates to England only. (Though potentially some of the changes could also apply to social housing in Wales.)

There is no target date as yet for when the results of the consultation will be published.