(Cabinet Member with Special Responsibility Councillor Jackson)
Cabinet received a report from the Director for Communities and the Environment to consider and adopt the financial penalty charging policies for Electrical Safety and Minimum Energy Efficiency Standards in the private rented sector.
The options, options analysis, including risk assessment and officer preferred option, were set out in the report as follows:
Option 1: Adopt the charging policies
Advantages: Assists the Local Authority in meeting its statutory obligations and deliver corporate priorities.
Disadvantages: None
Risks: None
Option 2: Do not adopt the charging policies
Advantages: None
Disadvantages: The Local Authority could be subject to challenge. The authority is obliged to determine the level of penalties to be levied in relation to the legislation referred to in this report, and to publish a charging policy in relation to the MEES regulations.
Risks: The Local Authority could be subject to challenge and may not be in a good position to meet its statutory obligations.
The officer preferred option is Option 1, to adopt the financial penalty charging policies for both sets of regulations and to allow the Head of Public Protection to make minor amendments to the policy to reflect changes in legislation.
Councillor Jackson proposed, seconded by Councillor Dowding:-
“That the recommendations, as set out in the report, be approved.”
Councillors then voted:-
Resolved unanimously:
(1) That the financial penalty charging policy for The Energy Efficiency (Private Rented Sector) (England and Wales) Regulations 2015 (as amended by The Energy Efficiency (Private Rented Sector) (England and Wales (Amendment) Regulations 2019, attached at Appendix 1 to the report be adopted.
(2) That the Electrical Safety Standards in the Private Rented Sector (England) Regulations 2020 within the Council’s amended Civil Charging Policy attached at Appendix 2 to the report be included.
(3) That the Head of Public Protection be authorised to make minor amendments to the financial charging policies in accordance with any future changes to legislation.
Officer responsible for effecting the decision:
Director for Communities and the Environment
Reasons for making the decision:
The decision is consistent with the Council’s objectives to promote sustainable communities, reduce carbon emissions of domestic dwellings, and support the positive health and wellbeing of residents in the district and reduce health inequalities. Cabinet approved a Private Sector Enforcement Policy, which included a Civil Penalties Enforcement Policy, in December 2018. This was designed to help deliver the Council’s priorities identified in the Corporate Plan to improve the quality and availability of private housing. Additional regulations have been introduced to further improve standards in the private rented sector with associated financial penalties that require approval and the Civil Penalties policy amended accordingly.