Consultation outcome

Consultation on Statutory Guidance under section 215 of the Housing and Regeneration Act 2008

Updated 29 February 2024

Applies to England

1. Scope of the consultation

Topic of this consultation	The regulator is proposing to update its statutory guidance under section 215 of the Housing and Regeneration Act 2008 (‘Statutory Guidance’) to reflect amendments to the Housing and Regeneration Act 2008 (‘the 2008 Act’) introduced by the Social Housing (Regulation) Act 2023 (the 2023 Act) and refresh the format.   The 2023 Act delivers the reforms set out in the Social Housing White Paper (the ‘White Paper’), one of which was to strengthen the regulator’s enforcement powers. As a result, the changes introduced include that the regulator has been given new powers and some of the existing powers have been amended. Details of these changes are set out at Appendix 1.
Scope of this consultation	It is a requirement under section 215(1)(b)) of the 2008 Act for the regulator to publish guidance on how it uses and intends to use powers under Chapters 6 and 7. It is a further requirement that before giving such guidance the regulator must consult with the parties set out at section 216 of the 2008 Act. This consultation fulfils that requirement. It represents an opportunity for interested persons and organisations to comment on the revised guidance.   The regulator will review the proposed changes to the statutory guidance in light of the responses received to this consultation.
Geographical scope	These proposals relate to England only.
Impact assessment	We have considered the impacts resulting from the update of Statutory Guidance. A summary of our conclusions is in section 7 and the business engagement assessment (Annex 3).

2. Basic information

Relevant to	The regulator’s statutory consultees, private registered providers, local authority registered providers, tenants and residents, lenders and other stakeholders who have an interest in social housing in England.
Body responsible for the consultation	Regulator of Social Housing.
Duration	This consultation will last for 10 weeks from 7 November 2023. The closing date is 16 January 2024.
Enquiries	For enquiries about the consultation please contact our Referrals and Regulatory Enquiries team on 0300 124 5225 or email enquiries@rsh.gov.uk who will be pleased to help.

3. How to respond to this consultation 

If you need this consultation document in an alternative format, please make a request using any of the contact details below.  Please submit your response to the consultation by 16 January 2024. If you respond after this date, your response may not be considered. We encourage you to answer as many questions as possible, but you do not have to respond to every question.  

Online or post 

Where possible, please respond to the questions in this consultation online at:  

https://online1.snapsurveys.com/S215guidance

If for any reason you are unable to complete an online response, you can email your response to the questions in this consultation to: consultation@rsh.gov.uk or write to RSH at the address set out below. 

Please include “Statutory Guidance under section 215 of the Housing and Regeneration Act 2008” as your subject heading.  

Written responses can be sent to: 

Referrals and Regulatory Enquiries team
Regulator of Social Housing
Level 2
7-8 Wellington Place
Leeds LS1 4AP

Please mark the envelope “Statutory Guidance under section 215 of the Housing and Regeneration Act 2008”  

Please respond using only one means e.g. if you respond online, you do not need to email or post your response to us.  

After the closing date of this consultation, we intend to publish a summary of the responses we receive and list of all respondents to the consultation who have told us that they are happy for their name to be published. If you would like your name to be included in this list, please confirm this in your submission. Please do not share any information in your response which you would not be happy for us to make publicly available or that identifies other individuals. 

To help us understand who responds to this consultation and the context of their answers, please include: 

• your name 
• whether you are responding as an individual or on behalf of an organisation. 
• whether you are a (please select one):  
  i) social housing tenant in rental accommodation 
  ii) shared owner in social housing 
  iii) large private registered provider (1000 units of social housing or more) 
  iv) small private registered provider (fewer than 1000 units of social housing) 
  v) large local authority registered provider (1000 units of social housing or more) 
  vi) small local authority registered provider (fewer than 1000 units of social housing) 
  vii) stakeholder organisation 
  viii) other (please specify) 
• the name of the organisation (if applicable) and  
• a contact email address (if possible) 

If responding to this consultation through the online survey it will be possible to have a copy of your final response emailed to you. Please ensure that you select this option in the online survey when prompted, as we will not otherwise be able to acknowledge receipt of your response to the consultation or send you a copy of your response.  

If you are responding in writing or by email, please make it clear which questions you are responding to. When you reply it would also be very useful if you could confirm whether you are replying as an individual or submitting an official response on behalf of an organisation. 

Representative groups are asked to give a summary of the people and organisations they represent and (where relevant) who else they have consulted in reaching their conclusions when they respond. 

This consultation is not a route for making a referral about a landlord. If you need to contact us about your landlord our contact details are below: 

Email: enquiries@rsh.gov.uk or call: 0300 124 5225 

In writing to:  

Referrals and Regulatory Enquiries team
Regulator of Social Housing
Level 2
7-8 Wellington Place
Leeds
LS1 4AP

Information provided in response to this consultation, including personal data, may be published or disclosed in accordance with legislation (e.g. the Freedom of Information Act 2000). Please see Section 6 for further details and our privacy notice for information about how the regulator processes and protects personal data.

4. Executive summary 

About the regulator  

4.1 We regulate registered providers of social housing in England to promote a viable, efficient and well-governed social housing sector, able to deliver and maintain homes of appropriate quality that meet a range of needs. Registered providers include non-profit organisations such as housing associations and co-operatives, profit-making registered providers, and local authorities. 

4.2 Our approach to regulation is driven by our statutory fundamental objectives as set out in the 2008 Act.  

4.3 We have an economic objective which focuses on governance, financial viability and value for money. The Governance and Financial Viability Standard and the Value for Money Standard apply only to private registered providers and the Rent Standard applies to all registered providers. 

4.4 We also have a consumer regulation objective which is concerned with the quality and management of social homes, and that tenants have a degree of choice and protection, and opportunity for involvement in how their home is managed. The 2023 Act has expanded our consumer regulation objective to include safety, transparency and energy efficiency. 

4.5 The consumer standards apply to all registered providers. We are in the process of revising these consumer standards and have consulted on them. We take a co-regulatory, risk-based approach to regulation, which allows us to exercise our functions in a way that minimises interference, and (so far as is possible) is proportionate, consistent, transparent and accountable, in line with our statutory duty. 

4.6 This consultation is the result of a number of legislative changes brought in by the 2023 Act. Most of the changes to the powers which this consultation concerns do not come into effect until 1 April 2024. It provides an important opportunity for stakeholders to provide feedback to us in relation to the Statutory Guidance.

Draft timetable for introducing the Statutory Guidance  

4.7 The table below summarises our current intended timetable for the introduction of the revised guidance which may be subject to change:

Proposed timings	Anticipated activity
7 November 2023	Consultation is published.
16 January 2024	Consultation closes. Responses submitted after that date may not be considered.
January-February 2024	The regulator analyses and considers consultation responses. Any drafting changes to the Statutory Guidance will be made at this stage.
March 2024	The regulator publishes a decision statement which will summarise the key areas of feedback from the consultation and set out our decision on the final form of the Statutory Guidance.
1 April 2024	The Statutory Guidance will be published, and our additional powers and amendments to existing powers will come into force (where not already), alongside our new consumer regulatory regime.

5. Proposed changes to our Statutory Guidance

5.1 The proposed updated Statutory Guidance can be found at Annex 2. It is divided into different guidance notes and is intended to replace the current version of the guidance in force. 

5.2 The Statutory Guidance has been updated to: 

• reflect new powers that have been introduced and changes to the existing powers 
• refresh the style, format and detail. 

5.3 The changes to the existing powers and new powers introduced are summarised in Annex 1 and unless otherwise indicated, are planned to come into effect from 1 April 2024. 

5.4 The regulator continues to incrementally adapt and improve its general approach to intervention and enforcement. We consider that the approach in the current version of the guidance which has been brought forward in the updated Statutory Guidance gives the regulator flexibility to modify its approach depending on the circumstances of the case and to apply the most appropriate regulatory and enforcement strategy on a case-by-case basis in furtherance of our statutory objectives. 

5.5 As set out in the Statutory Guidance, in most cases the use of powers will be following a period a period of intensive engagement with a registered provider, and therefore the provider will be sighted on the fact that the regulator is going to exercise powers. However, the regulator recognises there will be circumstances where it will need to act urgently and that may mean it is not possible to notify providers ahead of time. Therefore, the Statutory Guidance does not impose a requirement to notify registered providers before exercising powers, other than where it is a statutory requirement. As a public body, the regulator will be guided by public law principles. 

5.6 The refresh to the Statutory Guidance sets out general guidance as to the circumstances that may lead to the use of powers; and makes the guidance notes clearer and more succinct.  

5.7 This consultation document and the Statutory Guidance should be read in conjunction with the 2008 Act, 2023 Act and any referenced legislation. They are not intended to be substitutes.

Consultation question on the Statutory Guidance: Does the proposed approach set out in the Statutory Guidance seem a reasonable basis on which to use these powers?

6. About this consultation 

6.1 This consultation document and consultation process has been developed to adhere to the Consultation Principles issued by the Cabinet Office. 

6.2 Please do not share sensitive personal data (e.g. health information), information that identifies other individuals, or any information in your response which you would not be happy for us to make publicly available. 

6.3 Information provided in response to this consultation may be published or disclosed in accordance with legislation (these are primarily the Freedom of Information Act 2000, the Data Protection Act 2018, UK General Data Protection Regulation and the Environmental Information Regulations 2004). 

6.4 We cannot give assurance that the information will not be disclosed. An automatic confidentiality disclaimer generated by your IT system will not, of itself, be regarded as binding on the regulator. 

6.5 The information you provide will be used for the purposes of this consultation and is collected on the basis of our public task to regulate the provision of social housing. For more information about how we process and protect personal data see our privacy notice. 

6.6 If you believe that the information that you are submitting is sensitive, please say so when submitting your consultation response and explain to us why you believe that the information should not be disclosed in response to an information request. If we receive a request for disclosure of the information we will take full account of your explanation, but we cannot guarantee that the information will not be disclosed. An automatic confidentiality disclaimer generated by your IT system will not, of itself, be regarded as binding on the regulator. 

6.7 The regulator will process your personal data in accordance with the Data Protection Act 2018 and the GDPR and your personal data will not be disclosed to third parties unless there is a legal requirement to make the disclosure. 

6.8 Individual responses will not be acknowledged unless specifically requested. 

6.9 Thank you for taking the time to read this document and respond. Your opinions are valuable to us.

7. Impact assessments

Regulatory impact  

7.1 We have undertaken a business engagement assessment of the proposals in this consultation (Annex 3). This aims to assess and quantify the impact of our proposals on business and includes consideration of any implications of the proposals in relation to equality and diversity. Undertaking and publishing such an assessment is intended to demonstrate that decision-making is transparent and accountable.  

7.2 At this stage we have not identified any regulatory impacts arising from the amendments made to the Statutory Guidance. We welcome views on the conclusions of the business engagement assessment. It will be reviewed as a result of this consultation and updated where necessary. 

7.3 We intend to publish the final business engagement assessment alongside our decision statement which will include the final version of the Statutory Guidance.

Equality and diversity

7.4 Section 149 of the Equality Act 2010 sets out the public sector equality duty (also known as the general equality duty) which, in summary, places a duty on public bodies to have due regard in exercising their functions to the need to: 

• eliminate discrimination, harassment, victimisation and any other conduct that is prohibited by or under the Equality Act 2010
• advance equality of opportunity between persons who share a relevant protected characteristic and persons who do not
• foster good relations between persons who share a relevant protected characteristic and persons who do not.   

7.5 The protected characteristics are age, disability, gender reassignment, pregnancy and maternity, race, religion or belief, sex, sexual orientation, and marriage and civil partnership.^{[footnote 1]}

7.6 The amendments to the Statutory Guidance reflect legislative changes introduced by the 2023 Act. At this stage, we have not identified any equality impacts resulting from this. This is reflected in the business engagement assessment at Annex 3.  

7.7 As a result of this, a full equality impact assessment has not been completed on the proposed changes; however, equality will continue to be considered during future development of the Statutory Guidance. 

7.8 The regulator will continue to consider the impacts on equality throughout the consultation and will take into account any stakeholder feedback to the consultation on this. Should any equality impacts become apparent, the regulator will ensure that these are taken into account when finalising the proposals. If it becomes apparent that a full equality impact assessment is needed then this will be undertaken and published with the decision statement. 

Consultation question on the business engagement assessment : Do you have any comments on business engagement assessment (including the equality analysis) at Annex 3?

Annex 1: Summary of changes to the Statutory Guidance 

New powers  

Performance improvement plans 

Section 31 of the 2023 Act has inserted sections 218A to 218D into the 2008 Act, enabling the regulator to require a registered provider to prepare and implement a performance improvement plan, provided the regulator is satisfied that specific grounds have been met. 

A performance improvement plan must set out how the registered provider will address the issues identified by the regulator and the regulator may either approve or reject the performance improvement plan. If the performance improvement plan is approved, the registered provider must implement the performance improvement plan in full and must provide tenants with a copy, where written requests are made. 

More detail is set out in Guidance note 4.  

Emergency remedial action  

Section 32 of the 2023 Act has inserted sections 225A to 225H, enabling the regulator to arrange for an authorised person to enter a registered provider’s social housing premises to take emergency remedial action. These are works which are regarded by the authorised person as immediately necessary to remove the imminent risk of harm. Such power may only be exercised where specific conditions have been met.  

An authorised person may enter with or without a warrant, and the regulator may recover its relevant expenses in connection with this. 

The regulator expects registered providers to resolve issues raised by their tenants or the regulator in a timely manner appropriate to their level of risk. The regulator is mindful of its duties to minimise interference and so far as possible to be proportionate. As such, the regulator only anticipates using this power in exceptional circumstances where the health and safety of tenants is at imminent or serious risk. The regulator will consider the deployment of its power on a case-by-case basis. 

More detail is set out in Guidance note 6.

Amendments to the existing powers

Repeal of the ‘serious detriment’ test 

Section 26 of the 2023 Act repeals the serious detriment test under s.198A of the 2008 Act. This test limits the regulator’s ability to use its regulatory and enforcement powers where a registered provider fails to meet a consumer standard. Currently, such powers can only be exercised where the regulator considers that a consumer standard has been failed and there are reasonable grounds to suspect that:  

• the failure has resulted in a serious detriment to the provider’s tenants (or potential tenants); or  
• there is a significant risk that, if no action is taken by the regulator, the failure will result in a serious detriment to the provider’s tenants (or potential tenants). 

This means that the threshold for regulatory intervention is significantly higher for failures to meet the consumer standards than failures of the economic standards. 

The repeal of the serious detriment test means the regulator will be able to use its monitoring and enforcement powers in relation to failure to meet a consumer standard without first applying the serious detriment test enabling the regulator to regulate consumer standards proactively.

Amending the grounds under which the regulatory and enforcement powers can be used 

The changes make a number of amendments to the grounds under which enforcement powers can be used by the regulator, as well as expanding the grounds under which some powers can be exercised in light of the 2023 Act. This includes: 

• require registered providers to comply with health and safety requirements under sections 126A to 126C of the 2008 Act 
• comply with directions or a request under 198C of the 2008 Act made by the regulator requiring registered providers to collect, provide, process or publish performance information
• impose obligations on the registered provider where the regulator has issued a performance improvement plan notice. These obligations are set out under s.218A to s.218B of the 2008 Act.  

Allowing the regulator to exercise some enforcement powers where there has been a failure to meet a standard under the 2008 Act, or there is a risk there will be a failure to meet a standard.

These standards are:  

• Section 193: Standards relating to consumer matters
• Section 194: Standards relating to economic matters:  
• Section 194C: This is a new provision allowing the regulator to set standards relating to information and transparency 
• removing the ground to comply with social housing rent requirements under the Welfare Reform and Work Act 2016. 

The grounds under which the different regulatory and enforcement powers can be exercised vary. Please refer to the individual guidance notes for the specific grounds under which they can be exercised.

Extending some of the enforcement powers to for-profit providers

The following powers under the 2008 Act which apply to non-profit registered providers have been extended to for-profit providers:  

• Section 256: Restrictions on dealings during an inquiry 
• Section 257: Restriction on dealings following an inquiry
• Section 259: Suspension during inquiry
• Section 260: Removal or suspension following an inquiry
• Section 266 - 267: Removal of officers, and 
• Section 269: Appointment of new officers.

Extending some of the enforcement powers to charities which have not received public assistance

Section 33 of the 2023 Act amends the 2008 Act to extend some powers to charities which have not received public assistance. This provision came into force on 20 September 2023. Prior to this, these powers could only be used in respect of charities which had received public assistance. 

The regulator is able to use the following powers under the 2008 Act in respect of all registered charities regardless of whether or not they have received public assistance:

• Section 209: Inquiries
• Section 256: Restriction on dealings during an inquiry
• Section 257: Restriction on dealings following an inquiry
• Section 259: Suspension of officers, employees or agents during an inquiry
• Section 260: Removal or suspension of officers, employees or agents following an inquiry
• Section 266 - 267: Removal of officers, and  
• Section 269: Appointment of new officers

Notification of Charity Commission of exercise of enforcement powers 

Section 34 of the 2023 Act amends the following enforcement powers, so the regulator is required to notify the Charity Commission when it exercises these powers:

• Section 256: Restriction on dealings during an inquiry
• Section 257: Restriction on dealings following an inquiry
• Section 266-267: Removal of officers

Section 269 of the 2008 Act is also amended so that where the regulator decides to appoint new officers to a charity, it is only required to notify the Charity Commission of its intention to do so, rather than consult them. 

These amendments came into force on 20 September 2023.

Surveys  

Section 28 of the 2023 Act amends the survey provisions under s.199 and s.200 of the 2008 Act and inserts new sections 199A and 199B.

These amendments include: 

• creating separate powers to allow a person authorised by the regulator (‘authorised person’) to enter with or without a warrant for the purposes of carrying out the survey; 
• reducing the amount of written notice an authorised person must give to enter premises without a warrant from 28 days to 48 hours, although this may be waived
• enabling an authorised person to enter with a warrant obtained by making an application to a Justice of the Peace. This application may be granted provided the Justice of the Peace is satisfied that certain circumstances exist
• enabling equipment and materials to be brought onto the premises and left there provided certain requirements are satisfied
• enabling the authorised person to be accompanied by other persons they consider necessary to complete the survey, and 
• creating two separate offences where a register provider, an officer of a registered provider or other person obstructs an authorised person.

Inspections

Schedule 3, paragraph 2 of the 2023 Act amends the 2008 Act by removing the requirement for the Secretary of State to consent to inspections where these are carried out by a member of the regulator’s staff. 

Section 29 of the 2023 Act also inserts new sections 201A and 203A into the 2008 Act. Section 201A requires the regulator to produce an inspection plan. Section 203A also sets out requirements about actions which must be taken following an inspection by the inspector and regulator.  

The regulator is considering what the inspection plan will look like and will publish in accordance with requirements imposed by the 2023 Act.

Inquiry  

Schedule 3, paragraph 3 of the 2023 Act amends s.206(4) of the 2008 Act, so that consultants of the regulator are no longer regarded as not being independent and therefore ineligible to conduct an inquiry.  

Penalties 

Schedule 3, paragraph 5 of the 2023 Act amends the 2008 Act to allow the regulator to issue penalties to all types of registered providers, including local authorities. Paragraph 6 removes the £5,000 cap, so the regulator has the potential to issue penalties of an unlimited amount. 

Whilst the cap has been removed, the regulator is mindful of its duties to minimise interference and so far as possible be proportionate when deciding whether to impose and the amount of the penalty, taking into account the registered provider’s individual circumstances.  

Appointment of manager  

Schedule 3, paragraph 8 of the 2023 Act amends s.251(2) of the 2008 Act, so the regulator is able to appoint an organisation or an individual as a manager. 

Paragraph 9 amends s.252 to reduce the 28-day period within which a registered provider may make representations to five days.

Suspension and removal of officers  

Schedule 3, paragraphs 15 to 17 of the 2023 Act amends sections 259, 260 and 266, so that the regulator may remove or suspend an officer (or employee or agent under section 259 and 260) for obstructing or failing to co-operate with an inquiry.  

Schedule 4, paragraphs 15 to 17 of the 2023 Act further amends these sections to clarify that the regulator must take reasonable steps to notify the person suspended or removed and the registered provider.

Appointment of new officers  

Schedule 3, paragraph 18 of the 2023 Act amends s.269 of the 2008 Act to allow the regulator to appoint a person as an officer in the case of a registered charity, society or company where none of the officers is a Board member. It further defines the meaning of Board member. 

It also clarifies that the regulator may renew an appointment on any number of occasions. 

Appeals 

Schedule 4 of the 2023 Act amends a number of sections within the 2008 Act to clarify the appeal periods (where a registered provider has a statutory right of appeal) where the regulator exercises its powers. Such appeals must be brought within 28 days beginning with the day on which the regulator provides the registered provider (or individual) with a notice (or notifies them) depending on the power. 

It also amends the compensation and penalties provisions by providing that the requirement to pay such sums is suspended during the appeal period.  

Please refer to the individual guidance note for specific details of the appeal periods (where applicable).  

Moratorium  

Section 12 of the 2023 Act sets out the amendments to the moratorium provisions. During a moratorium, the regulator’s consent is required for a registered provider to dispose of their land.  

It modifies s.145 to 147 of the 2008 Act by amending the events which trigger the commencement of a moratorium to: 

• presentation of a petition for the winding up of a registered provider by a person other than the Secretary of State 
• an application is made by a registered provider for permission to pass a resolution for voluntary winding up
• an application is made by a person other than the Secretary of State for an administration order in respect of a registered provider
• a notice of the appointment of an administrator of a registered provider is filed with court
• a notice is given to the regulator of intention to enforce a security over the property of a provider.

Currently, a moratorium is triggered where a registered provider gives notice to the regulator that an insolvency-related event has occurred.  

Further amendments made:

• clarify when a moratorium ends
• enable the regulator to extend a moratorium or impose a further moratorium where the regulator has made enquiries but been unable to locate any secured creditors of the registered provider, or there are no secured creditors
• enable the regulator to cancel a moratorium for no reason. Currently, the regulator is only able to cancel a moratorium if it is satisfied that it is unnecessary to make proposals.

Amendments are made to the proposal provisions in s.153 of the 2008 Act which: 

• require the regulator to consult with any secured creditors it is able to locate after making reasonable enquiries before making proposals; 
• allow the regulator to agree proposals and amend proposals where the regulator has made enquiries but has been unable to locate any secured creditors of the registered provider, or there are no secured creditors.

Amendments are made to s.151(4) of the 2008 Act to clarify one of the scenarios where the appointment of an interim manager will come to an end, which is where the regulator notifies them that proposals have been agreed.  

Section 158(1) of the 2008 Act is amended to clarify the regulator’s existing power to give financial or other assistance to a registered provider during a moratorium.  

Schedule 2 of the 2023 Act makes amendments to sections 104 to 108 of the Housing and Planning Act 2016 which supplement the moratorium provisions in the 2008 Act. These amendments clarify the process which must be followed in the event an insolvency-related event occurs and sets out requirements which must be complied with in order for notice to be validly served on the regulator. 

Guidance note 19 reflects these changes.

Annex 2: Statutory Guidance under section 215 of the Housing and Regeneration Act 2008

• Introduction to draft Statutory Guidance.

Regulatory powers

• Draft guidance note 1: Sections 199-200 – Survey)
• Draft guidance note 2: Sections 201-203A - Inspections
• Draft guidance note 3: Sections 206-210A – Inquiry and extraordinary audit.

Enforcement powers

• Draft guidance note 4: Sections 218A-D – Performance improvement plans
• Draft guidance note 5: Sections 219-225 - Enforcement notices
• Draft guidance note 6: Section 225A-225H – Emergency remedial action
• Draft guidance note 7: Sections 226-235 – Penalties
• Draft guidance note 8: Sections 236-245 – Compensation
• Draft guidance note 9: Sections 247, 248 and 250a – Management tender
• Draft guidance note 10: Sections 249, 250 and 250a - Management transfer
• Draft guidance note 11: Sections 251- 252 – Appointment of a manager
• Draft guidance note 12: Section 252A – Appointment of advisers to local authorities
• Draft guidance note 13: Sections 253-254 – Transfer of land
• Draft guidance note 14: Section 255 – Amalgamation
• Draft guidance note 15: Sections 256 to 265 – Powers available during or following an inquiry
• Draft guidance note 16: Sections 266 to 268 – Removal of officers
• Draft guidance note 17: Section 269 – Appointment of new officers
• Draft guidance note 18: Sections 269a- 269b – Censure of local authority employees.

Insolvency and moratorium powers

• Draft guidance note 19: Sections 144-159 the Act and Chapter 5 of Part 4 of the Housing and Planning Act 2016.

Annex 3 Business engagement assessment (including equality analysis)

	Business engagement assessment
Title of proposal	Consultation on changes to Statutory Guidance under section 215 of the Housing and Regeneration Act 2008
Lead regulator	Regulator of Social Housing
Contact for enquiries	Referrals and Regulatory Enquiries team
0300 124 5225

Date of assessment	August 2023		Stage of assessment	Draft
Net cost to business (EANCB)	None	Commencement date	1 April 2024 (some provisions came into force on 20 September 2023)
Which area of the UK would be affected by the change(s)?	England	Is this directly applicable EU or other international legislation?	No

The regulator is making changes to its Statutory Guidance under section 215 of the Housing and Regeneration Act 2008 These changes are a direct result of a number of legislative changes introduced to the Housing and Regeneration Act 2008 by the Social Housing (Regulation) Act 2023.  

We believe there to be negligible impact on the regulatory burden because the changes are principally related to wording and do not fundamentally alter existing regulatory expectations in this area.

Why is the change proposed? Evidence of the current problem? 

The changes we have proposed in the Statutory Guidance are intended to ensure it reflects the legislative position and provides appropriate guidance on our approach to the use of our powers. It is important these changes are made to ensure the guidance is up to date. 

We have also made some more general amendments to the content to improve the clarity of the guidance as set out in the consultation document. The Statutory Guidance is an important document that explains the regulator’s approach to the use of its powers and it is important that it is correct and reflects recent changes. 

Which types of businesses would be affected? How many are affected? 

The Statutory Guidance is relevant to all registered providers of social housing, however the different powers apply to certain types of registered provider. This is reflected in the individual guidance notes. As such, all registered providers are affected by the legislative changes enacted by the Social Housing (Regulation) Act 2023.  

How would the change impact these businesses? 

The changes should have a positive impact on registered providers as they update our guidance, which should ensure that providers continue to have a clear understanding of how the regulator will use its powers and the process it will take. 

Impact on small businesses 

The regulator has specifically considered the impact of our proposals on small businesses. Only private registered providers are classed as businesses and small PRPs are those with 1,000 homes or less. 

The amendments to the guidance will help to ensure that the regulator is exercising its functions in a way that is transparent, by helping small registered providers to understand the regulatory framework around the use of our powers 

Equality and diversity analysis 

The regulator is mindful of its statutory equality duties under section 149 of the Equality Act 2010 and has not identified any equalities implications as a result of the changes set out in this consultation. 

As a result of this, a full equality impact assessment has not been completed. 

Although there are no apparent impacts arising from the changes, registered providers are responsible under their own equality duties to ensure that any decisions they may take support the requirements of the Equality Act 2010.

1. The definition of ‘relevant protected characteristic’ for the purposes of section 149 of the Equality Act 2010 does not include marriage and civil partnership, however, this is a protected characteristic for the duty to have due regard to the need to eliminate discrimination, harassment, victimisation and any other conduct that is prohibited by or under the Equality Act 2010 ↩