Regulatory framework requirements
The requirements that registered providers of social housing must meet.
The regulatory framework for social housing in England from the 1 April 2015 is made up of:
- regulatory requirements – what registered providers need to comply with
- codes of practice – a code of practice can amplify any economic standard to assist registered providers in understanding how compliance might be achieved
- regulatory guidance – this provides further explanatory information on the regulatory requirements and includes how the regulator will carry out its role of regulating the requirements
The above are listed in What is the regulatory framework?. The regulatory framework requirements are summarised below. Details of the relevant requirements and associated guidance can be found on the linked pages.
Registered providers of social housing in England must meet regulatory standards. The standards are classified as either economic or consumer. The economic standards do not apply to local authorities.
The Rent Standard * requires compliance with ‘key requirements’ set out in the Rent Standard Guidance *.
In order to be registered or deregistered, applicants must meet specific requirements.
The accounting direction sets out specific requirements that registered providers must meet when producing their annual accounts.
Registered providers are required to submit various types of information to the regulator; including a statistical data return to the NROSH+ website and annual accounts.
All registered providers are required by law to obtain consent from the regulator in relation to any disposals of social housing. Disposals include sales, charging and leasing.
Non-profit private registered providers are required by law to obtain consent from the regulator before making certain changes to their constitutions.
The Disposal Proceeds Fund requirements set out the circumstances where registered providers need to create a Disposal Proceeds Fund (DPF), the rules for use of the fund and other DPF requirements.
*The Welfare Reform and Work Act 2016 (the Act) introduces rules around the levels of rents that can be charged by registered providers of social housing during the period from 2016 to 2017, to 2020 to 2021. For the period that the rent under a tenancy of a registered provider’s social housing is to be governed by the Act, the rent for that tenancy is not covered by the Rent Standard. Providers are expected to consult the Welfare Reform and Work Act 2016 and the Social Housing Rents (Exceptions and Miscellaneous Provisions) Regulations 2016 in order to establish how the rules apply to their stock, taking legal advice if they consider it necessary.