Consultation outcome

Consultation on statutory guidance under s215 of the HRA 2008

• From: Regulator of Social Housing
• Published: 7 November 2023
• Last updated: 29 February 2024 — See all updates

Applies to England

This consultation has concluded

Download the full outcome

Decision statement: Consultation on statutory guidance under s215 of the HRA 2008 (including annexes)

PDF, 1010 KB, 111 pages

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If you use assistive technology (such as a screen reader) and need a version of this document in a more accessible format, please email enquiries@rsh.gov.uk. Please tell us what format you need. It will help us if you say what assistive technology you use.

Decision Instrument RSH8: Decision to issue revised statutory guidance under section 215 (1) (b) of the Housing and Regeneration Act 2008

PDF, 170 KB, 3 pages

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Annex 1: List of respondents to the consultation [accessible version]

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Annex 2: Guidance note 2 - as amended following consultation [accessible version]

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Annex 3: Guidance Note 16 - as amended following the consultation [accessible version]

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Annex 4: Guidance Note 19 - as amended following the consultation [accessible version]

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Annex 6: Final Business engagement assessment (including equality analysis) [accessible version]

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Detail of outcome

The regulator’s updated statutory guidance under s215 of the HRA 2008 will come into force on 1 April 2024.

This page includes the PDF Decision Statement document including annexes and the PDF Decision Instrument.

For accessible (HTML) versions of the full Decision Statement and Instrument, see the:

• Decision Statement page which contains the final outcome of the consultation.

• Decision Instrument page which records the regulator’s decision.

Please note that the HTML version of Annex 5 is the final Statutory guidance under s215 of the HRA 2008

If you require the information in other formats please email enquiries@rsh.gov.uk or call 0300 124 5225.

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Original consultation

Summary

Proposed guidance on how RSH uses, and intends to use, its statutory regulatory and enforcement powers and certain general powers following legislative changes

This consultation ran from
9:30am on 7 November 2023 to 6:30pm on 16 January 2024

Consultation description

The Regulator of Social Housing is proposing to update our statutory guidance under section 215 of the Housing and Regeneration Act 2008 to reflect amendments to the Housing and Regeneration Act 2008 introduced by the Social Housing (Regulation) Act 2023.

The 2023 Act delivers the reforms set out in the Social Housing White Paper one of which was to strengthen the regulator’s enforcement powers. through some new powers and some existing powers being amended.

Under section 215(1)(b)) of the 2008 Act the regulator must publish guidance on how we use and intend to use powers. It is a further requirement that before giving such guidance we must consult with the parties set out at section 216 of the 2008 Act. This consultation fulfils that requirement and represents an opportunity for interested persons and organisations to comment on the revised guidance.  We will review the proposed changes to the statutory guidance in light of the responses received to this consultation.

Documents

Consultation on Statutory Guidance under section 215 of the Housing and Regeneration Act 2008

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Introduction to draft Statutory Guidance

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Draft guidance note 1: Sections 199-200 – Survey (regulatory power)

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Draft guidance note 2: Sections 201-203A – Inspections (regulatory power)

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Draft guidance note 3: Sections 206-210A – Inquiry and extraordinary audit (regulatory power)

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Draft guidance note 4: Sections 218A-D – Performance improvement plans (enforcement power)

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Draft guidance note 5: Sections 219-225 – Enforcement notices (enforcement power)

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Draft guidance note 6: Section 225A-225H – Emergency remedial action (enforcement power)

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Draft guidance note 7: Sections 226-235 – Penalties (enforcement power)

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Draft guidance note 8: Sections 236-245 – Compensation (enforcement power)

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Draft guidance note 9: Sections 247, 248 and 250a – Management tender (enforcement power)

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Draft guidance note 10: Sections 249, 250 and 250a – Management transfer (enforcement power )

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Draft guidance note 11: Sections 251- 252 – Appointment of a manager (enforcement power)

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Draft guidance note 12: Section 252A – Appointment of advisers to local authorities (enforcement power)

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Draft guidance note 13: Sections 253-254 – Transfer of land (enforcement power)

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Draft guidance note 14: Section 255 – Amalgamation (enforcement power)

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Draft guidance note 15: Sections 256 to 265 – Powers available during or following an inquiry (enforcement power)

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Draft guidance note 16: Sections 266 to 268 – Removal of officers (enforcement notice)

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Draft guidance note 17: Section 269 – Appointment of new officers (enforcement power)

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Draft guidance note 18: Sections 269a- 269b – Censure of local authority employees (enforcement notice)

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Draft guidance note 19: Sections 144-159 the Act and Chapter 5 of Part 4 of the Housing and Planning Act 2016 (Insolvency and moratorium powers)

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Published 7 November 2023
Last updated 29 February 2024 + show all updates

1. 29 February 2024

   Outcome added to consultation

2. 7 November 2023

   First published.