Healthy Homes Bill [HL]

1 Duty on the Secretary of State

It is the duty of the Secretary of State to secure the health, safety, wellbeing
and convenience of persons in or about buildings and of others who may be
affected by buildings or matters connected with buildings in England.

2 Policy statement on healthy homes principles

(1)

The Secretary of State must prepare a statement in accordance with this Act
(the “policy statement on healthy homes principles”).

(2)

The statement must explain how the healthy homes principles are to be
interpreted and applied by Ministers of the Crown in making, developing
and revising their policies.

(3)

The statement may explain how the principles will be implemented and
adhered to in a way that takes account of a building development’s urban,
suburban or rural location.

3 Meaning of ‘healthy homes principles’

In this Act “healthy homes principles” means the principles—

(a)

all new homes must be safe in relation to the risk of fire;

(b)

all new homes must have, as a minimum, the liveable space required
to meet the needs of people over their whole lifetime, including
adequate internal and external storage space;

(c)

all main living areas and bedrooms of a new dwelling must have
access to natural light;

(d)

all new homes and their surroundings must be designed to be
inclusive, accessible, and adaptable to suit the needs of all, with
particular regard to protected characteristics under the Equality Act
2010;

(e)

all new homes should be built within places that prioritise and provide
access to sustainable transport and walkable services, including green
infrastructure and play space;

(f)

all new homes must secure radical reductions in carbon emissions in
line with the provisions of the Climate Change Act 2008;

(g)

all new homes must demonstrate how they will be resilient to a
changing climate over their full life time;

(h)

all new homes must be built to design out crime and be secure;

(i)

all new homes must be free from unacceptable and intrusive noise
and light pollution;

(j)

all new homes must not contribute to unsafe or illegal levels of indoor
or ambient air pollution and must be built to minimise, and where
possible eliminate, the harmful impacts of air pollution on human
health and the environment; and

(k)

all new homes must be designed to provide year-round thermal
comfort for inhabitants.

4 Policy statement on healthy homes principles: process

(1)

The Secretary of State must prepare a draft of the policy statement on healthy
homes principles.

(2)

The Secretary of State must consult such persons as the Secretary of State
considers appropriate in relation to the draft statement.

(3)

The Secretary of State must lay the draft statement before Parliament.

(4)

If, before the end of the period of 21 sitting days beginning with the day after
the day on which the draft statement is laid—

(a)

either House of Parliament passes a resolution in respect of the draft;
or

(b)

a committee of either House, or a joint committee of both Houses,
makes recommendations in respect of the draft,

the Secretary of State must produce a response and lay it before Parliament.

(5)

The Secretary of State must lay before Parliament, and publish, the final
statement, but not before—

(a)

if subsection (4) applies, the day on which the Secretary of State lays
before Parliament the response required by that subsection; or

(b)

otherwise, the end of the period of 21 sitting days beginning with the
day after the day on which the draft statement is laid before
Parliament.

(6)

The Secretary of State may revise the policy statement on healthy homes
principles at any time (and this section applies in relation to any revised
statement).

(7)

“Sitting Day” means a day on which both Houses of Parliament sit.

5 Policy statement on healthy homes principles: effect

(1)

A Minister of the Crown must have regard to the healthy homes principles
when making, developing or revising policies dealt with by the statement.

(2)

Relevant responsible authorities must have regard to the policy statement on
healthy homes principles when discharging their duties under the planning,
building, and public health acts.

(3)

“Relevant responsible authorities” include but are not limited to—

(a)

local planning authorities;

(b)

public health authorities;

(c)

urban development corporations;

(d)

new town development authorities;

(e)

the planning inspectorate; and

(f)

Homes England.

6 Annual monitoring

(1)

The Secretary of State must prepare a progress report for each annual reporting
period.

(2)

A progress report for an annual reporting period is a report on progress made
in that period about the extent to which all new homes approved and
completed during that period have met the healthy homes principles under
section 2 .

(3)

A progress report must include specific consideration of how the approval
and creation of new homes has met the needs of those with protected
characteristics under section 4 of the Equality Act 2010.

(4)

A progress report will include consideration of how progress could be
improved.

(5)

The Secretary of State must—

(a)

arrange for the progress report to be laid before Parliament, and

(b)

publish it.

7 Establishment

There is to be an office of the Healthy Homes Commissioner.

8 Primary function: securing healthy homes

(1)

The Healthy Homes Commissioner’s primary function is ensuring the
promotion and implementation of the healthy homes principles.

(2)

The primary function includes promoting awareness of the healthy homes
principles in England.

(3)

In the discharge of the primary function the Healthy Homes Commissioner
may, in particular—

(a)

advise persons exercising functions or engaged in activities affecting
the delivery of homes on how to act compatibly with the healthy
homes principles;

(b)

advise the Secretary of State on the effective implementation of healthy
homes principles;

(c)

consider the potential effect on the healthy homes principles of
government policy proposals and government proposals for legislation;

(d)

bring any matter to the attention of either House of Parliament;

(e)

investigate the availability and effectiveness of complaints procedures
so far as relating to the healthy homes principles;

(f)

investigate any other matter relating to the implementation of the
healthy homes principles;

(g)

publish a report on any matter considered or investigated under this
section.

9 Duty on local planning authorities to plan for affordable housing needs

In section 19 (Preparation of local development documents) of the Planning
and Compulsory Purchase Act 2004 after paragraph 19(1E) insert—

“(1F)

Development plan documents must (taken as a whole) include policies
designed to meet the housing needs of the local planning authority’s
area in such a way as to secure the long-term health, safety and
wellbeing of residents. In meeting such needs planning authorities
must have particular regard to ensuring that housing is affordable to
those on average and below-average household incomes.””