The regulatory framework for social housing in England from 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, which is on the Regulatory standards page,
requires compliance with ‘key requirements’ set out in the Rent Standard Guidance.
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 Act 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.
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 notify the regulator of relevant disposals of social housing dwellings, including relevant sales, charging and leasing.
Non-profit registered providers are required to provide early information to the regulator about restructures and required by law to notify the regulator when making certain changes to their constitutions.
There is no longer a requirement to create or add any new proceeds to a Disposal Proceeds Fund. However, the DPF requirements includes the rules for the use of existing funds.