Regulation of Social Housing in Scotland

The new independent Scottish Housing Regulator assumed its powers as of 2nd April 2012.

The new SHR has published its new Regulatory Framework and Corporate Plan.  The SFHA has produced a briefing note on the new framework available here: New Regulatory Framework April 2012

Both SHR documents are available on the SHR website, along with a series of guidance notes, here

Guidance produced includes:

• Notifiable Events
• Organisational Changes
• Group Structures and Constitutional Partnerships
• Constitutional Changes
• Consent to Disposals of Land or assets

If you have any comments on any of this guidance, or would like to be a part of reference group looking at producing the SFHA Governance Handbook, please contact Alan Stokes This e-mail address is being protected from spambots. You need JavaScript enabled to view it

The most obvious changes within the Regulatory Framwork from the proposals contained within the original consultation paper are that:

• The proposal to have a maximum six year term for governing body members has been removed.   Instead governing body members who have had 9 years continuous service will be required to demonstrate to their governing body that they can operate with "objectivitiy" and "independent challenge".
• Only one performance report on the Charter will be required to be submitted to the Regulator each year- the Annual Return on the Charter (ARC).   This is as opposed to the two reports that had previously been proposed.   However, landlords will still need to produce a separate performance report to tenants on its performance against the Charter, with the format that this takes to be agreed with tenants.

The Scottish Housing Regulator has published the analysis of responses received to this consultation.  The SFHA has produced a summary briefing of this report, comparing with some of the key points in our response to their consultation.   This is available here:

SFHA Summary of SHR Analysis

The full report, which the SHR commissioned independent consultants to carry out, is available here:

Analysis of Responses

The SFHA has submitted its response to the Scottish Housing Regulator (SHR) consultaiton "the Regulation of Social Housing in Scotland" in November 2011.  This is available on the SFHA website:

SFHA Response to SHR Consultation

SFHA Response to SHR Consultation -Covering Letter

The full consultation paper is available on the SHR Website: ."The Regulation of Social Housing in Scotland"

An SFHA Briefing on the paper is available on the SFHA website

The consultation document covers a lot of ground, including:

• How the SHR will regulate
• Monitoring the Social Housing Charter
• Register of Landlords
• Regulatory Standards of Governance and Financial Management
• Powers of Inquiry
• Intervention Powers
• Consents

This consultation closed on 25th November 2011.

There are many controversial aspects within the document, including proposals to allow governing body members to be paid, and relating to the abolition of Schedule 7 of the Housing (Scotland) Act 2001, leaving it up to the individual organsaition how it manages payments and benefits to staff, governing body members and their close relatives.

The SFHA is keen to hear your views relating to any aspect of the consultation document.  Please contact This e-mail address is being protected from spambots. You need JavaScript enabled to view it if you have any comments or thoughts on the paper.