Guidance to all private registered providers on submitting annual accounts
What the Regulator of Social Housing requires from all private registered providers of social housing for the submission of their annual accounts.
Applies to England
1. The Legal Requirements
Every Registered Provider registered with the Regulator of Social Housing (the regulator) must:
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submit its annual accounts and auditor’s report to the regulator within six months of the end of the period to which they relate (section 128, Housing and Regeneration Act 2008), OR
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submit its accounts, with an accountant’s report, if the exemptions applicable to small companies, charities and registered societies (sections 129, 134 and 135 of the Housing and Regeneration Act 2008) apply.
If it fails to do so, without reasonable excuse, the RP (and every responsible person directly concerned with the conduct and management of its affairs) may be guilty of an offence and may be prosecuted by the regulator.
The regulator has no powers to extend the deadline for submission of accounts.
2. Documents to be submitted
2.1 Annual Accounts
RPs may submit either electronic or paper copies of their signed accounts and auditor’s report or, where applicable accountant’s report.
The regulator prefers that all accounts (and particularly those from larger RPs) are submitted electronically through the regulation data collection system NROSH+. The accounts can be uploaded under the ‘upload regulatory documents’ facility (available in ‘My NROSH+’). In doing so it is important that you identify the document as ‘Document Type: Other Regulatory Document, Primary Tag: Annual Financial Statements’. Alternatively RPs may submit electronic copies of accounts by email to the registry and notification email RNTeam@rsh.gov.uk.
Providers submitting their accounts by post should send one paper copy of the signed accounts to:
The Registry and Notifications team
Regulator of Social Housing
Fry Building
Marsham Street
London
SW1P 4DF
To help with our administration process, we request an unbound and unstapled copy, marked on the front with your social housing registration number.
The auditors’ report or the accountants report must bear the auditor’s or accountant’s signature.
The balance sheet and, where applicable, income and expenditure statement must be completed in accordance with the relevant legislation for the constitutional structure of the RP and in line with the rules and governing instruments of the RP and must:
(a) show the date on which the RP’s board or other governing body approved the accounts
(b) be signed on behalf of the board or other governing body with original signatures (or as described as acceptable above) as follows:
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(i) in the case of Registered Societies by at least two board members and the secretary
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(ii) in the case of non-charitable companies by one member of the board
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(iii) in the case of registered charities by at least two directors or trustees (section 135(4) Housing and Regeneration Act 2008).
Trustees or directors should sign both the balance sheet and revenue account of registered charities’ accounts (section 135(4) Housing and Regeneration Act 2008).
Companies which are also registered charities must meet the requirements for registered charities.
While accounts must have been approved by the board, there is no need for the accounts to have been received by an Annual General Meeting before they are submitted to the Regulator. A late AGM is not a reason to delay submitting accounts.
2.2 Auditor’s Management Letter (for audited accounts only)
Please also submit with the relevant accounts, or as soon as possible afterwards, a copy of your signed auditor’s management letter. As above these can be submitted through NROSH+, via the registry and notification email or in hard copy.
2.3 Accounts are regarded as outstanding until a signed copy has been received and logged by the Registry and Notifications team.
Only the Registry and Notifications team can log receipt of accounts on the regulator’s computer system for the statutory submission of accounts. A copy of the latest set of accounts is placed on the regulator’s statutory register of social housing providers (the register) which can be accessed by the public on reques. Please take care to submit only relevant information to us. Any supplementary pages provided as part of the accounts submission will not be filtered out by us and will be placed on the register.
3. Non submission of accounts
Submission of accurate, complete and timely returns is a fundamental responsibility of RPs and a key part of the co-regulatory system. The seriousness with which the regulator regards late or poor quality returns is set out in How we regulate. That section sets out that the regulator may reflect the submission of poor quality or late returns in its regulatory judgements on providers.
In addition, those providers that have failed to submit their accounts in line with their statutory obligations will be publicised by adding them to the List of non-submission of annual accounts.
Queries
If you have any queries on this guidance please contact our Referrals and Regulatory Enquiries team at enquiries@rsh.gov.uk Tel: 0300 124 5225
For further details on what the Regulator of Social Housing requires from registered providers for the submission of their annual accounts, please see the Information required from registered providers.