Housing – 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.

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. 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 (PDF, 191KB, 7 pages)

Procedural guidance note - companies registered with the regulator before 1 April 2010 (PDF, 198KB, 6 pages)

Procedural guidance note - industrial and provident societies registered as a registered provider or seeking registration with the regulator after 1 April 2010 (PDF, 181KB, 7 pages)

Procedural guidance note - industrial and provident societies registered with the regulator before 1 April 2010 (PDF, 164KB, 7 pages)

Procedural guidance note - registered charities registered as a registered provider or seeking registration with the regulator after 1 April 2010 (PDF, 162KB, 4 pages)

Procedural guidance note - registered charities registered with the regulator before 1 April 2010 (PDF, 145KB, 3 pages)

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 registered providers (including for-profit providers) must also get consent from the regulator to dispose of social housing assets. Guidance on disposing of social housing assets is in our main guidance document Disposing of land.

The forms providers should use when seeking permission from the regulator are as follows:

RPCON 1 Charges to private lenders (MS Word Document, 100KB)

Guidance notes on completing form RPCON 1 (MS Word Document, 125KB)

RPCON 2 Application for consent to dispose by transfer, lease etc. (MS Word Document, 124KB)

Guidance notes on completing form RPCON 2 (MS Word Document, 121KB)

RPCON 3 Application for consent under section 133 HA 1988 (MS Word Document, 114KB)

RPCON 4 Application for a section 76 direction declassifying a specified dwelling (MS Word Document, 78KB)

RPCON 5 Recording use of the General Consent under section 172 HRA 2008 (MS Word Document, 74KB)

RPCON 6 Application for consent under s.173 LGHA 1989 (MS Word Document, 109KB)

RPCON 8 Application for approval of a programme of disposals (MS Word Document, 105KB)

RPCON 9 Application for approval of a programme of disposals to sitting tenants (MS Word Document, 108KB)

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. General consent is granted by the regulator on the basis that registered providers follow the conditions set out in the documents below.

General Consent to disposals under section 172 of the HRA 2008 (PDF, 219KB, 22 pages)

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

General consents under section 133 of the Housing Act 1988 and section 171D of the Housing Act 1985 (PDF, 357KB, 17 pages)

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

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

Previous versions of disposing of land and guidance for disposals that happened before April 2010 are available on the National Archive website.

Applications for consent for constitutional changes and any supporting documents should be sent to constitutional.consents@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