Guidance

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.

From:
Homes and Communities Agency
Published
1 April 2013
Last updated
6 April 2017 — See all updates

This guidance was withdrawn on

This page was archived on 6 April 2017 as new deregulatory measures took effect under the Homes and Planning Act 2016. For guidance, directions and associated forms:

Applies to England

Changes to the consents regime will take effect from 6 April 2017. For guidance, directions and associated forms, see the pages below.

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.

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.

Guidance for constitutional consents (sections 212 to 214), restructuring and dissolution (sections 160 to 165)

In addition, there are different guidance notes for different kinds of registered provider.

Procedural guidance note - companies registered with the regulator as a registered provider or seeking registration with the regulator after 1 April 2010 (MS Word Document, 41.3 KB)

Procedural guidance note - companies registered with the regulator before 1 April 2010 (MS Word Document, 38.1 KB)

Procedural guidance note - societies registered as a registered provider or seeking registration with the regulator after 1 April 2010 (MS Word Document, 38.7 KB)

Procedural guidance note - societies registered with the regulator before 1 April 2010 (MS Word Document, 40.3 KB)

Procedural guidance note - registered charities registered as a registered provider or seeking registration with the regulator after 1 April 2010 (MS Word Document, 34.8 KB)

Procedural guidance note - registered charities registered with the regulator before 1 April 2010 (MS Word Document, 33.7 KB)

These do not apply to profit-making registered providers who do not need to seek the regulator’s consent for such changes.

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, 20.2 KB)

DC1 Application for consent to dispose by way of granting security interests (MS Word Document, 189 KB)

DC2 Application for consent to dispose by transfer, lease or option (MS Word Document, 340 KB)

DC3 Application for consent to a policy for disposals in connection with category 5 of the General Consent 2015 (MS Word Document, 208 KB)

DC4 Application for consent to a policy for disposals in connection with category 18 of the General Consent 2015 (MS Word Document, 202 KB)

DC5 Certification of a disposal completed under the General Consent 2015. This form also serves as a Land registry notification (MS Word Document, 188 KB)

DC6 Application for a direction under s.76 HRA 2008 that a specified dwelling should cease to be social housing (MS Word Document, 176 KB)

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 Consent 2015 to disposals under section 172 of the HRA 2008, section 133 of the Housing Act 1988, and section 171D of the Housing Act 1985 (PDF, 676 KB, 29 pages)

General Direction as to notifications under section 176 of the HRA 2008 (MS Word Document, 59 KB)

General consent to disposal by unregistered housing associations under section 9 of the Housing Associations Act 1985 (MS Word Document, 68 KB)

Changes to the general consent and transitional arrangements (PDF, 467 KB, 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.

Non-profit private registered providers authorised to use category 6 of the General Consent (charges to lenders)

Private registered providers whose access to the General Consent has been withdrawn in whole or in part

Policies for disposals under category 5 approved by the regulator for which letters of authorisation have been issued

Consents Archive

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.

Applications for consent for constitutional changes and any supporting documents should be sent to constitutionalconsentsteam@hca.gsi.gov.uk

Applications for disposal consent and any supporting documents should be sent to reg.consents@hca.gsi.gov.uk

Any enquiries on consents from the regulator should be sent to mail@homesandcommunities.co.uk or telephone: 0300 1234 500

Published 1 April 2013
Last updated 6 April 2017 + show all updates

  1. This page was archived on 6 April 2017 as new deregulatory measures took effect under the Homes and Planning Act 2016.

  2. Links to pages for new notifications and registration regime added (22 March 2017).

  3. HCA Manchester office address updated (17 November 2016).

  4. Procedural guidance notes - change of address to our Manchester office.

  5. Updates to RPCON forms and guidance.

  6. Updates to Disposal of Land and RPCON forms.

  7. First published.

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