Home > S172 Consent Changes
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.
Catherine McFadden, Associate
If you want to discuss any of the above further, or want to find out how Croftons can help you, contact Cathy direct, complete our contact form or request a free callback and one of our property specialists will get in touch with you.
Posted on 12.07.12
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