Improvement notices under the Housing Act 2004: getting the process right

What is an Improvement Notice

An improvement notice is a formal notice served by a local housing authority requiring works to be carried out to remedy a hazard at residential premises. It is one of the enforcement powers available under Part 1 of the Housing Act 2004 and is commonly used when remedial works are needed to address risks to occupiers’ health and safety.

Local housing authorities use the Housing Health and Safety Rating System to assess the risk posed by hazards in residential premises. If the authority identifies a category 1 hazard, it must take enforcement action. For a category 2 hazard, it has discretion to act.

An improvement notice is just one of several enforcement options available. Depending on the nature and seriousness of the hazard, an authority may also consider options such as prohibition orders, hazard awareness notices, emergency prohibition orders, demolition orders, or slum clearance declarations.

Separately, in some building safety cases, parties may also need to consider remedies under the Building Safety Act 2022, including remediation orders or remediation contribution orders.

What must the Notice contain?

An improvement notice must identify the hazard, the premises to which it relates, the deficiency giving rise to it, and the remedial action required. It must also specify the period within which the works are to begin and the period within which they are to be completed. This sounds straightforward, but in practice, the notices often deal with complex buildings, competing responsibilities, and technical works that need careful programming.

If you are serving a notice

For local authorities, the starting point is ensuring the notice is robust and compliant. The authority must prepare and serve a statement of reasons explaining why enforcement action is appropriate and why an improvement notice has been selected over other available courses of action. If the recipient is already engaging constructively, or if works are being progressed voluntarily, the authority should be able to explain why formal enforcement is still necessary.

Clarity is also critical. Before service, check that the statutory basis is right, the responsible person has been correctly identified, the works are described with enough precision, and the timetable matches the works required.

One of the most common reasons we see improvement notice appeals is where the timescales for compliance are unrealistic. Timeframes should therefore be thought through, evidenced, and able to be justified. That is particularly important for substantial or technically complex works, where the programme may need to account for design, procurement, contractor availability, resident engagement, and regulatory approvals, including Gateway 2 approval from the Building Safety Regulator where required.

How long do you have to appeal?

An appeal against an improvement notice must usually be made within 21 days of the date on which the notice was served. The tribunal can allow a late appeal where there is good reason, but this is at the tribunal’s discretion.

What should you do if you receive an Improvement Notice?

If you receive an improvement notice, act quickly. Check that the notice clearly identifies the hazard, the premises affected, and the works required. You should also consider whether it has been served on the correct person and whether the proposed timescale for compliance is realistic.

Appeal deadlines are short, so recipients should take advice promptly and ensure they understand when time started to run for the purposes of any appeal. Where there are concerns about the works required, the recipient of the notice or the timetable for compliance, early engagement with the local authority may help narrow the issues and avoid the need for a contested appeal.

What can an appeal achieve?

The First-tier Tribunal can confirm, quash or vary an improvement notice. Some grounds of appeal are expressly set out in the Housing Act 2004, including that another owner should carry out or pay for the works, or that another course of enforcement action would be more appropriate. However, an appeal is not limited to those statutory grounds. General grounds may also be available where, for example, the notice is unclear, defective, disproportionate, impractical, or incapable of compliance.

Although the appeal proceeds by way of a rehearing, a tribunal may still attach significant weight to the authority’s expertise and assessment. An appellant will therefore usually need clear evidence showing why the notice, the prescribed works, the person served, or the timetable should be changed.

That evidence should include inspection reports, expert fire or building reports, correspondence with the authority, contractor programmes, funding or access information, and evidence of steps already being taken. If the main concern is timing or wording, a targeted request for variation may be more effective than a fully contested appeal.

Can the notice be varied or resolved by agreement?

There is often a sensible middle ground between a contested appeal and simply accepting the notice as drafted. Local authorities understandably want certainty that hazards will be addressed. Recipients, on the other hand, need any programme to be realistic, particularly where works are technically complex or depend on third parties, funding, procurement or regulatory approvals.

Early engagement is therefore crucial. If the recipient can present a realistic timeframe, supported by clear milestones and evidence of the steps already being taken, that may be enough to reassure the authority that the risk is being managed and the works will be delivered. In appropriate cases, the authority may agree to vary the notice so that it reflects an achievable programme. It may also revoke the notice where the statutory basis for doing so is established, for example because the works have removed or sufficiently reduced the relevant hazard.

Key takeaways

• Improvement notices can be an effective enforcement tool, but they must be clear, proportionate and capable of compliance.
• Local authorities should ensure notices are properly reasoned and supported by evidence.
• Recipients should act quickly, as appeal deadlines are short.
• Early engagement and a realistic programme for the works can often help avoid unnecessary disputes.

If you are considering serving an improvement notice or have received one and need to assess the works, timetable, or appeal options, please contact Asia Munir, Glenn Rhodes, or a member of our Housing Management and Litigation Team.