Deregulation update – impact on charitable providers

The abolition of the HCA’s disposals regime means that associations that are registered charities will now be subject to the Charity Commission’s disposals process instead.

19 April 2017

Changes to the regulation regime for housing associations took effect on 6 April. These affect various aspects of associations’ activity, and are described in full in our deregulation briefing.

For many members, the most important change will be that the Homes and Communities Agency’s (HCA) consents regime for disposals of property is abolished. Instead, there is a requirement to notify the HCA after certain categories of disposal have taken place.

For the significant number of associations that are registered charities rather than exempt charities, the abolition of the HCA consent regime means that their disposals have become subject to section 117 of the Charities Act 2011. These associations are therefore required to either seek the Charity Commission’s consent to any disposal, or to self-certify that the Charity Commission’s consent is not needed.

Our briefing sets the circumstances in which self-certification is available, and how the process should be carried out. We anticipate that self-certification will be available for the majority of disposals.

We will continue to update our briefing with the latest developments, and include any changes in the Federation Newsletter, which you can sign up to online.