The Scottish Housing Regulator has today 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
1. The Scottish Housing Regulator was established on 1 April 2011 under the Housing (Scotland) Act 2010. Its objective is to safeguard and promote the interests of tenants and others who use local authority and RSL housing services. The Regulator operates independently of Scottish Ministers and is accountable directly to the Scottish Parliament. It assumed its full regulatory responsibilities on 1 April 2012. The Regulator consists of the Chair and seven Board members. More information about the Regulator can be found on its website at www.scottishhousingregulator.gov.uk
2. SHR regulates around 160 registered social landlords and the housing activities of 32 local authorities.
3. SHR sets out how it regulates social landlords in its published framework – Regulation of Social Housing in Scotland.
0141 242 5574