Damp and mould — a universal duty
Damp and mould is not a problem confined to the private or social rented sector. It affects housing, care settings, schools, offices, retail premises, warehousing and any indoor environment where moisture, temperature and ventilation fall out of balance. Mouldsurv delivers diagnostic surveys, environmental monitoring, indoor air quality sampling and remediation oversight across both domestic tenures (aligned to Awaab's Law and the HHSRS) and commercial premises (aligned to the Health and Safety at Work etc. Act 1974 and the Workplace (Health, Safety and Welfare) Regulations 1992).
The domestic framework — Awaab's Law and HHSRS
The death of two-year-old Awaab Ishak in Rochdale in December 2020, from a respiratory condition caused by prolonged exposure to mould in his family's social housing flat, reshaped the regulatory landscape for residential damp and mould. The Social Housing (Regulation) Act 2023, which received Royal Assent on 20 July 2023, introduced the provisions known as Awaab's Law. Regulations made under this Act impose binding statutory timescales within which social landlords must investigate reported hazards, issue written summaries of findings to tenants, and complete necessary repairs.
Whilst Awaab's Law applies formally to social landlords, equivalent duties attach to the private rented sector under the Homes (Fitness for Human Habitation) Act 2018. The framework for assessing damp and mould in any dwelling is the Housing Health and Safety Rating System (HHSRS), established under the Housing Act 2004. HHSRS identifies 29 hazards of which Hazard 1 (Damp and Mould Growth) and Hazard 2 (Excess Cold) are most directly relevant. Each hazard is scored and classified as Category 1 (serious, mandatory action) or Category 2.
Mouldsurv's domestic investigations are delivered to HHSRS methodology with numerically-scored findings that stand up to scrutiny from the Regulator of Social Housing, the Housing Ombudsman, local environmental health officers and, where necessary, the Courts. Tenant-facing findings summaries are written in plain English, directly addressing the Housing Ombudsman's October 2021 Spotlight on: Damp and mould — It's not lifestyle report.
The commercial framework — HSWA 1974 and the Workplace Regulations
In commercial premises, the overarching duty is imposed by the Health and Safety at Work etc. Act 1974 (HSWA 1974), sections 2 to 4 of which require employers and those in control of premises to ensure, so far as is reasonably practicable, the health, safety and welfare of employees and others. More specifically, the Workplace (Health, Safety and Welfare) Regulations 1992, together with its Approved Code of Practice L24, impose requirements for:
- Regulation 6 — Ventilation: "Effective and suitable provision shall be made to ensure that every enclosed workplace is ventilated by a sufficient quantity of fresh or purified air."
- Regulation 7 — Temperature in indoor workplaces: Reasonable temperatures during working hours, with reference to the ACoP minimum of 16°C (13°C for strenuous work).
- Regulation 9 — Cleanliness and waste materials: Workplaces must be kept sufficiently clean — which in mould-affected environments imposes a duty to remediate.
Failure to manage damp, mould and the underlying ventilation or fabric defects in a commercial setting can therefore constitute a breach of HSWA 1974 and the Workplace Regulations, exposing the employer or building occupier to HSE enforcement, civil claims from employees, and — in serious cases — prosecution of company officers under section 37 of HSWA 1974.
Indoor Air Quality and COSHH
Where mould growth is established in a commercial or institutional setting, the resulting airborne spores can constitute a biological agent under the Control of Substances Hazardous to Health Regulations 2002 (COSHH). COSHH requires a written risk assessment, control measures appropriate to the exposure, and — in higher-risk environments such as healthcare, food production and laboratories — health surveillance. Mouldsurv delivers indoor air quality (IAQ) surveys incorporating viable and non-viable mould spore sampling, with species identification performed under ISO 16000-16:2008 and results interpreted against guidance from the World Health Organization, BOHS and the UK Health Security Agency.
Root-cause diagnosis — domestic or commercial
Damp and mould is almost never a single-cause problem. The most common industry failing is to treat the symptom (visible mould) without diagnosing the cause. Mouldsurv's diagnostic methodology distinguishes clearly between: condensation damp (driven by inadequate ventilation, cold surfaces and moisture-generating occupancy or process loads); penetrating damp (moisture ingress through defective fabric, rainwater goods, roofing or glazing); rising damp (capillary rise through defective or absent damp-proof courses); plumbing leaks (latent or concealed pipework failures); interstitial condensation (within the build-up of walls or roofs); and construction or retrofit defects (cold bridging, inadequate insulation, missing vapour control layers).
Each investigation is supported by: surface and subsurface moisture-meter readings; extended relative humidity and dew-point monitoring via data-logger deployment (typically 2–4 weeks); thermographic imaging identifying cold bridges and insulation voids; and, where required, invasive inspection behind linings, within voids or through ceiling access panels.
BS 5250 and Approved Document F
Where condensation is implicated — as it most often is in both homes and workplaces — the methodology aligns with BS 5250:2021 — Management of moisture in buildings. Code of practice, which sets out the principles of controlling interstitial and surface condensation through insulation, ventilation and occupancy management. Recommendations may include the installation or upgrade of continuous mechanical extract ventilation (MEV) or mechanical ventilation with heat recovery (MVHR) to comply with Approved Document F (Ventilation) of the Building Regulations. In commercial settings, additional reference is made to CIBSE Guide A and the workplace air-change rate benchmarks it contains.
Remediation oversight
Following diagnosis, Mouldsurv oversees the full spectrum of remedial works across both domestic and commercial assets: biocidal mould treatment in accordance with HSE and manufacturer guidance; fabric repair addressing the root cause (roof repair, pointing, damp-proof course installation, gutter replacement, curtain-walling reseal); ventilation upgrades to Approved Document F and CIBSE Guide A standards; insulation improvements to address cold bridges and reduce surface condensation; and decoration reinstatement using breathable, anti-mould paint systems where appropriate. Works are coordinated with vetted specialist contractors and quality-checked prior to sign-off.
Documentation and evidential standard
For social landlords, every investigation is documented to a standard that supports Awaab's Law statutory timescales and Housing Ombudsman scrutiny. For commercial duty holders, the equivalent output is a COSHH-ready risk assessment, IAQ data, a prioritised remedial action plan and, on completion, a clearance report suitable for employer record-keeping and insurance purposes. In both cases, the client receives a defensible, evidence-led package — because whether the building houses families or employees, the legal duty to control damp and mould ultimately rests with the same place: the duty holder.
