Croftons Solicitors LLP

On 29 May 2012 some changes were made to obtaining s172 consents, Catherine McFadden, Associate Solicitor at Croftons, sets out what it means for Registered Providers.

• You, as a Registered Provider, can now seek the Regulator’s consent to a policy of disposals or an overall programme to dispose, rather than individual consent, as was previously the case. This will help facilitate large scale disposals of vacant social housing dwellings.
• The changes apply to disposal of vacant dwellings out of the sector but,  not to the sale of tenanted dwellings within the sector, which will still require individual consent
• For programmes of disposals in support of affordable rent, a new category under the general consent has be created, category 5. However, you will still need to apply to the Homes and Communities Agency (HCA) for approval first.
• In respect of disposals which are not for affordable rent, the size of the programme will affect your decision whether or not to apply to the HCA for approval to a programme of disposals.
• The magic number of applications in any year is 25.
• Where a programme for disposal is likely to lead to less than 25 applications for consent, a year, you should contact your Regulation Manager to discuss whether the administrative savings and reduction in interference will justify the cost of setting up an approving programme.
• If the policy or programme for disposal will lead to 25 or more applications a year for consent, you should consider applying to the HCA for approval to a programme of disposal

Application for consent is made on a new form, Form PRCON8 which should be sent to the address on the form, together with supporting documentation. If a programme of disposal is approved, approval will be given to you by letter.

If you are a stock transfer Association who has to get s133 consent for disposals, you still need to get individual consent.

Posted on 12.07.12

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