Section 10 — Housing Act 2004: Consultation with fire and rescue authorities in certain cases

Consultation with fire and rescue authorities in certain cases 10 1 This section applies where a local housing authority—

a are satisfied that a prescribed fire hazard exists in an HMO or in any common parts of a building containing one or more flats, and b intend to take in relation to the hazard one of the kinds of enforcement action mentioned in section 5(2) or section 7(2).

2 Before taking the enforcement action in question, the authority must consult the fire and rescue authority for the area in which the HMO or building is situated.

3 In the case of any proposed emergency measures, the authority’s duty under subsection (2) is a duty to consult that fire and rescue authority so far as it is practicable to do so before taking those measures.

4 In this section— “ emergency measures ” means emergency remedial action under section 40 or an emergency prohibition order under section 43; “ fire and rescue authority ” means a fire and rescue authority under the Fire and Rescue Services Act 2004 (c. 21); “ prescribed fire hazard ” means a category 1 or 2 hazard which is prescribed as a fire hazard for the purposes of this section by regulations under section 2.