Housing Associations Guide Part 6 Appendix 2

1.The Disability Discrimination Order 2006 (DDO) – updates the Disability Discrimination Act 1995 (DDA). The DDA already protects people from discrimination on the grounds of disability in many areas (e.g. provision of goods, facilities and services, education and in work). However the DDO (NI) 2006 extends protection from discrimination to people and situations that were not previously covered.    

2.Disability – is defined in the Act as ‘a physical or mental impairment which has a substantial and long term adverse effect on a person’s ability to carry out normal day to day activities.’  Impairment is also defined and covers physical impairments affecting the senses (e.g. sight and hearing) and mental impairments including learning disabilities and mental illness (if recognised by a respected body of medical opinion).  Long-term effects are those that have, or are likely to, last for at least 12 months. A key change in the DDO (NI) 2006 would be the definition of when a condition is clinically recognised.

3.The DDA and Housing – the DDO(NI) 2006 amends Part 3 of the Disability Discrimination Act and extends the reasonable adjustment duty to landlords and managers, in relation to premises (both residential & commercial) that they let to disabled tenants or prospective tenants with disabilities.
a)Those who manage or dispose of premises/land already have an obligation under DDA 1995 not to treat disabled people less favourably without justification. The Act makes it unlawful for people letting or selling land or property to discriminate against disabled people. These provisions apply to Associations, private landlords, property management companies, the Housing Executive etc. The Act also makes it unlawful to victimise disabled people who make use of, or try to make use of their rights under the law.
b)From the 31st October 2007, landlords and managers have a duty to make reasonable adjustments to let premises, premises for let, or managed properties. Landlords and managers of premises must take reasonable steps to overcome barriers which may be experienced by a disabled tenant, prospective tenant or lawful occupier created by the way in which premises are managed or let. The reasonable adjustment duty in relation to premises is not anticipatory to disabled people at large. It only arises if an individual disabled person asks for an adjustment.
c) The Equality Commission for Northern Ireland have created an information website www.youarenowcovered.org which includes ‘Landlords and Managers of Premises’ guidance, the Association should pay particular reference of (but not limited to) the definition – What are reasonable adjustments? – Physical features:   
Reasonable adjustments that a landlord or manager may need to make include:

Landlords or managers will not have to take any steps that would involve the removal or alteration of a physical feature. The following are not to be treated as physical features and are to be treated as auxiliary aids and services:

d)Further information available from;
Equality Commission for Northern Ireland
Equality House, 7-9 Shaftsbury Square
Belfast BT2 7DP
Tel: 028 9089 0880; Textphone: 028 9050 0589; Fax: 028 9024 8687
Email: information@equalitni.org website: www.equalityni.org

Provision already exists, however, in the HA Guide for grant aiding adaptations for disabled tenants – see Appendix: 3 to Part 6.  If an unmet housing need to cater for disabled people is identified it may be necessary to look increasing the supply, e.g. new build, rehabilitation or re-improvement schemes (see Part 2 of the HA Guide).  New build, rehabilitation and re-improvement schemes are subject to need support from the NIHE (See Appendix: 1 to Part 2).

4.The DDO and Institutional Residential Type Accommodation – in the case of institutional residential (as defined in Building Regulations (NI) Technical Booklet Part E purpose groups 2a & 2b) type accommodation if, complementary to the housing, ‘goods and services’ are also provided to the ‘public’ – including disabled people - it may be necessary to make reasonable adjustments to comply with the DDO.  It is not possible to make an authoritative list of all the issues that need to be addressed and reference may be needed to publications such as the Disability Rights Commission’s: Code of Practice – Rights of Access, Goods, Facilities, Services and Practices.  Further information on this Code of practice is available at www.direct.gov.uk/Disabledpeople/ or www.drc-citizenship.org .

5.As an example, a hostel catering for the short-term ‘homeless’ and providing goods and services may need to ensure that the disabled are catered for in respect of:

6.Grant Position – funding from the NIHE (DPG) is available for ‘DDO’ works described above, provided this work is essential to make reasonable adjustment to – for example - hostel type accommodation providing goods and services that are complementary to the housing provision.

1.Energy conservation works may be essential to existing dwellings to ensure they do not become ‘difficult to let’, to alleviate fuel poverty or to comply with the Decent Homes Standard.  Measures can include:

Advice on implementing these measures and the standard to be achieved is as follows:

Where the Association intend to undertake any of the above noted Energy Conservation Measures, the Association should consider a full energy appraisal of the property. The appraisal should consider/reference all the measures noted above, to present a holistic energy conservation package for the dwelling.

2.Grants for energy conservation works to existing dwellings may be available to Associations from a number of sources.  In order to access these grants, the Association may have to make a case for funding and pay a proportion of the cost of any measures undertaken. NIE Energy provide a range of grants and special offers to help individual homes to save energy, no matter what the circumstances. For further information on the latest grants and offers for heating, insulation, lighting, appliances, and renewables, visit www.nie-yourenergy.co.uk
Further information available from;
Energy Saving Trust Advice Centre
Tel: 0800 512 012
Website: www.energysavingtrust.org.uk/northernireland

3.Energy Performance Certificates (EPCs) for existing housing stock

The EU Energy Performance of Buildings Directive (EPBD) requires Member States to introduce measures to improve the energy efficiency of buildings and raise energy awareness amongst the public. To comply with Article 7 of the EPBD requires the provision of Energy Performance Certificates when building are constructed, sold, or rented, must be in effect by 4 January 2009. In Northern Ireland it is intended to roll out a programme for introduction of EPCs in 3 phases from mid 2008. The 3 phases and implementation dates are:

The Association should note that EPCs will be required in the following circumstances for:

a. Existing property newly rented to a tenant, where an EPC was not previously available, or when the current EPC validation period has elapsed,

b. Existing property upgraded with energy conservation measures, that would have the potential to invalidate any current EPC,

c. Existing Property sold through the ‘Right to Buy’ stock disposal process.

To comply with Article 10 of the EPBD requires the provision of the EPC by an appropriately accredited energy assessor. In the Association’s role as property landlord, property vendor or property maintainer, appropriately accredited EPCs will be required for future registration.

Further guidance on EPCs for existing housing stock will be issued later.

EPCs will also be required from the appropriate implementation dates to cover circumstances such as new build, Existing Satisfactory Purchases (ESP) and buildings acquired through the Disposal Proceeds Fund (DPF). For further information refer to Appendix: 1 of Part 3 of the Guide.

4.Grant Position – generally no funding from the NIHE (DPG) is available for ‘Energy Conservation’ works, unless such work is essential and complementary to other necessary grant earning work – e.g., as part of a re-improvement Scheme.  In all other circumstances, Associations are responsible for the cost of any measures required.    

1.Upgrading of Existing Fire Precaution Measures - are works necessary to upgrade the present measures in existing dwellings or to install new services in situations, where the risk is shown to be above average and where that the measures required will have a positive outcome in saving lives and property.  Such situations are most likely to arise in the case of hostels and other shared housing projects, but may also arise in connection with blocks of flats (refer to Building Regulations NI Technical Booklet Part E).  The DSD expects Associations to consider any professional advice and recommendations, although the Association may not be obliged in law to carry out all the recommendations; however there will be minimum legal requirements such as Building Regulations (NI) Part E, Fire & Rescue Services (NI) Order 2006, and HMO Regulations,  (where applicable).

2.Installation of Smoke & Heat Alarms - in the case of normal low-rise - 1, 2 and 3-storey - dwellings, the Association should take the first opportunity to have mains-powered smoke alarms fitted, in situations where no alarm exists or a battery-powered alarm is installed.  
a. This work can normally be undertaken in conjunction with maintenance works or major repairs.  Where maintenance / repair works involve kitchen rewiring, the provision of a mains-powered heat alarm should be considered. In situations where vulnerable tenants are housed – e.g., elderly or disabled – the Association may wish to consider way in which the installation of a suitable alarm can be accelerated.  In other specialised and shared housing situations, existing mains-powered alarm systems may require periodic upgrading to meet current standards.  
b) Smoke alarms should comply with BS 5446-1 and heat alarms with BS 5446-2, installed in accordance with Building Regulations NI Technical Part E. Similarly, automatic fire detection / fire alarm systems should comply with BS 5839-6. The Association should also note that an appropriate BS 7671 Electrical Installation Certificate may need to be issued for the works and conform to IEE Wiring Regulations (where applicable).
c) Note – Mains-powered smoke alarms are required in the above noted works / repairs (the provision of battery-powered alarms are no longer deemed acceptable).

3.Grant Position – generally no funding from the NIHE (DPG) is available for ‘Fire Precautions ’work, unless such work is essential and complementary to other necessary grant earning work – e.g., as part of a re-improvement Scheme.  In all other circumstances, Associations are responsible for the cost of any measures required.        

Guidance on this will be made available at a later date.

1.Lead generally – is commonly found in the environment and may be present in the air, soil or water.  Lead can build up in the body and be harmful, especially to some infants and children – where studies have shown that lead can have a small effect on the mental development of children.  Government and EU action over the years has been to restrict the use of lead that can pollute the environment –e.g., the use of lead in petrol and in paints - and to reduce exposure to lead in drinking water.

2.Drinking Water – supplied by Water Service has to meet Government and EU requirements on water quality.  New requirements for lead traces in drinking water were required to be met in 2003, and further requirements are required to be met by 1013.  Problems can arise from the use of lead pipes and lead solder in water distribution systems and in domestic plumbing and pipework.  However, the use of lead in these situations ceased some time ago, with lead being replaced by alternative non-lead materials from 1970 onwards.   

3.Lead in Drinking Water – is not thought to be a major problem in Northern Ireland, and may be confined to dwellings built prior to and un-improved since 1970.  As such situations are unlikely to be in an Association’s ownership, a problem would only arise if an Association acquired such a dwelling.  If such a case occurs, the Association should ensure that any lead used in the supply pipe and in the domestic plumbing and pipework is replaced with a suitable alternative material as soon as possible or that the existing situation is not detrimental to tenants’ health.

4.Testing for Lead in Drinking Water – Water Service takes samples regularly from individual dwellings and tests for lead.

a. If though necessary, an Association should contact NI Water to discuss water quality in a particular area, or to arrange for individual sampling to be undertaken.  In the unlikely event of a problem being found to exist, a number of measures are available to reduce the lead levels in the dwelling to acceptable limits.  Further information on lead in drinking water and advice on measures to reduce lead levels in water is available at www.niwater.com.
Waterline: 08457440088 sampling / testing of water for lead are also available at this contact.
Text phone: 08000 0515446
Email: waterline@niwater.com

b)The Association is responsible for replacing lead pipes within the property and any external pipes between the NI Water stop valve and the property. Where the property owner replaces their part of the service pipe, NI Water can be asked to replace the water pipe between the water mains and the property boundary; this service is provided free of charge.
Note – the Association need to ascertain that the removal of lead pipes does not reduce electrical safety; if the property electrical supply is earthed via the lead pipes (common practice in pre-1970 properties), it will need to be earthed by another method. If in doubt contact an approved electrical Contractor.
Contact: www.niceic.com
Tel: 0870 013 0382
Email: enquires@niceic.com

5.Grant Position – generally no funding from the NIHE (DPG) is available for ‘lead in drinking water’ replacement work, unless such work is essential and complementary to other necessary and grant earning work – e.g., as part of a re-improvement schemes.  In all other circumstances, the Association is responsible for the cost of any measures required.

1.Radon - is a naturally occurring radioactive gas which results from the decay of small amounts of uranium in soils and rocks (Note: uranium is present to some extent in all soils and rocks).  Radon has no taste, smell or colour and special equipment is needed for detection.  Where the gas seeps out of the ground into the open air, there is little or no danger, but where it escapes from underlying soil into dwellings, a build up of radon could become a health hazard.  Prolonged exposure to high levels of radon can be injurious to health.  Evidence suggests that there is risk, particularly for smokers, of developing lung cancer by inhaling particles of the gas - although it may be many years before the disease becomes apparent.

2.Radon in Northern Ireland – although the indications are that the vast majority of homes in Northern Ireland do not have significant radon levels – the recommendation is that radon levels in homes should be less than 200 Becquerel’s per cubic metre - it can be prevalent in granite areas, eg the south east corner of Northern Ireland has been declared a Radon Affected Area.  Over the past few years, Building Regulations have required measures to be incorporated in new dwellings against Radon.  In existing dwellings, where a case of radon seepage into a dwelling is suspected, Associations should follow the advice given in “Radon – A Householder’s Guide” available from the Industrial Pollution and Radiochemical Inspectorate (IPRI), Environment and Heritage Service (EHS), Klondyke Building, Cromac Avenue, Gasworks Business park, Lower Ormeau Road, Belfast.
Tel: 9056 9299 or Email: ipri@doeni.gov.uk
Website: www.ehsni.gov.uk/pollution/radiation/radon.htm )

3.Radon Measurement Service - testing kits for Radon are available from the Centre for Radiation Chemical & Environmental Hazards of the Health Protection Agency (Radon Studies Group, HPA Radiation Protection Division, Chilton, Didcot, Oxon OX11 0RQ), at £37.37 including the supply of two radon detectors, their subsequent analysis and the reporting of the result.  The Radiation Protection Division can be contacted at (www.hpa.org.uk/radiation/ ) Tel: 01235 831600 or Email: rpd@hpa.org.uk.

4.For detailed information - Associations are referred to “Radon - A Householder’s Guide” (see Para 2 above) which includes advice on various recommended methods of preventative treatment for both new and existing properties.  Further advice on remedial measures in existing dwellings, is obtainable from BRE (www.bre.co.uk/radon/ ).  

5.Grant Position – the NIHE (DPG) will fund the cost of essential remedial works to existing dwellings contaminated by high levels of radon, and where simple measures available are unlikely to be successful.  This is subject to the Association obtaining a survey report from the Radon Measurement Service indicating that the remedial works are necessary.  Only survey reports from the Radon Measurement Service will be considered for eligibility purposes.