How registered providers get statutory consent from the regulator
How and when social housing providers should get consent from the regulator before they undertake certain changes to their organisation.
The requirements for non-profit private registered providers to obtain consent from the regulator before making certain changes to their governing documents are set out in legislation. There are also requirements in legislation for all registered providers (other than local authorities) to obtain consent from the regulator in relation to any disposals of social housing . This page provides guidance on how to obtain consent from the regulator and the relevant application forms. The guidance documents include any relevant guidance information on the legislative requirements.
How to get consent from the regulator for constitutional changes
Not-for-profit registered providers must generally get consent from the regulator before they undertake certain changes to their organisation, such as changing their objects and group structures. As regulator, the Homes and Communities Agency produces guidance notes to help providers make any significant changes. The regulator has set out how it will use its powers in relation to constitutional changes in the guidance note below.
In addition, there are different guidance notes for different kinds of registered provider.
Procedural guidance note - companies registered with the regulator before 1 April 2010 (MS Word Document, 38.1KB)
Procedural guidance note - societies registered with the regulator before 1 April 2010 (MS Word Document, 40.7KB)
Procedural guidance note - registered charities registered with the regulator before 1 April 2010 (MS Word Document, 33.9KB)
These do not apply to profit-making registered providers who do not need to seek the regulator’s consent for such changes.
How to get consent from the regulator to dispose of social housing assets
In some cases, all private registered providers (these include non-profit and for-profit providers but excluding local authorities) must get consent from the regulator to dispose of social housing assets. Disposing of land is our main guidance document. It was updated 1 April 2015 and now contains guidance relating to the General Consent 2015 and additional detail about the type of the information that should be included in disposal consent applications.
Disposal Consent application forms (DC1-6) replace the previous range of forms. Please ensure that you download the relevant form from the regulator’s website on each and every occasion you use them. This is because the regulator revises these forms occasionally to keep them up to date.
Please note that applications for disposals under s172 of the Housing and Regeneration Act 2008, s133 of the Housing Act 1988 and s171D of the Housing Act 1985 can now be made on the same form (DC2).
The forms providers should use when seeking consent from the regulator are listed below.
DC0 Additional properties sheet list (MS Word Document, 20.2KB)
DC1 Application for consent to dispose by way of granting security interests (MS Word Document, 189KB)
DC2 Application for consent to dispose by transfer, lease or option (MS Word Document, 340KB)
General consents granted by the regulator
Registered providers are allowed to undertake certain types of common or frequent disposals under a series of general consents given by the regulator. These general consents apply to activity that providers need to undertake frequently in order to manage their businesses effectively. The General Consent 2015 came into effect on 1 April 2015 and supersedes the previous general consents under the Housing and Regeneration Act 2008. General consent is granted by the regulator on the basis that registered providers follow the conditions set out in the documents below.
General Direction as to notifications under section 176 of the HRA 2008 (MS Word Document, 59KB)
Changes to the general consent and transitional arrangements (PDF, 17.8KB, 2 pages)
Notifications of other general consents
Some parts of the general consent require special authorisation, which may be given for a fixed period of time or more generally. In both cases, consent can also be withdrawn. Such authorisations, and the providers that have received them, are set out below.
An archived version of this page, from March 2015, including copies of the General Consent 2010, Disposing of Land, and the consent application forms, is available on the National Archive website.
For consents documents and guidance dating back further than this, please see the former (archived) HCA website.
Where to send applications for consent or make further enquiries
Applications for consent for constitutional changes and any supporting documents should be sent to email@example.com
Applications for disposal consent and any supporting documents should be sent to firstname.lastname@example.org
Any enquiries on consents from the regulator should be sent to email@example.com or telephone: 0300 1234 500
Published: 1 April 2013
Updated: 9 October 2015
- Procedural guidance notes - change of address to our Manchester office.
- Updates to RPCON forms and guidance.
- Updates to Disposal of Land and RPCON forms.
- First published.