Regulator alerts social landlords to upcoming changes to consents
Housing (Amendment) (Scotland) Act 2018 provisions removing the regulator’s powers of consent under the Housing (Scotland) Act 2010 come in to force on 8 March 2019.
The Scottish Housing Regulator has written to all registered social landlords (RSLs) to make them aware of changes to the legal position around regulatory consents to disposals of land or assets and to constitutional and organisational changes.
The provisions of the Housing (Amendment) (Scotland) Act 2018 removing the regulator’s powers of consent under the Housing (Scotland) Act 2010 come in to force on 8 March 2019. This means that from 8 March 2019, RSLs do not need to apply to the regulator for consent to disposals of land or assets and to constitutional and organisational changes.
The regulator advised RSLs that for relevant disposals and constitutional changes where the regulator has given consent before 8 March 2019, the disposal or constitutional change may proceed under the provisions of the 2010 Act and will not be affected by the 2018 Act.
From 8 March 2019, RSLs are required to notify the regulator of relevant disposals and constitutional and organisational changes and to notify it of the outcome of tenant consultation where that is required by the 2010 Act. The regulator will issue guidance on such notifications by the end of February.
SFHA will be reviewing its Model Rules in 2019 to reflect the forthcoming changes to the regulatory framework and is already liaising with the SHR about potential amendments. As part of this review, SFHA will also update the Guidance on Making Rule Amendments available on its website to reflect the above changes to consents.
If you have any queries about the upcoming review of the Model Rules, please contact SFHA Policy Lead Alan Stokes astokes@sfha.co.uk