How and when social housing providers should get consent from the regulator before they undertake certain changes to their organisation.
Guidance on 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.
These do not apply to profit-making registered providers who do not need to seek the regulator’s consent for such changes.
Guidance on how to get consent from the regulator to dispose of social housing assets
In some cases, all registered providers (including for-profit providers) must also 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.
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 this legislation. General consent is granted by the regulator on the basis that registered providers follow the conditions set out in the documents below.
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 HCA’s National Archive website.
For consents documents and guidance dating back further than this, please see the 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