Search Legislation

Housing and Planning Act 2016

Status:

This is the original version (as it was originally enacted).

PART 1Removal of disposal consent requirements

Housing Act 1985 (c. 68)

1(1)Section 171D of the Housing Act 1985 (consent to certain disposals of housing obtained subject to the preserved right to buy) is amended as follows.

(2)After subsection (2) insert—

(2ZA)Subsection (2) does not apply to a disposal of land by a private registered provider of social housing.

(3)In subsection (2A)—

(a)omit paragraph (a);

(b)in paragraph (b), for “any other” substitute “a”.

Housing Act 1988 (c. 50)

2The Housing Act 1988 is amended as follows.

3(1)Section 81 (consent to certain disposals of housing obtained from housing action trusts) is amended as follows.

(2)In subsection (1), for “section 79(2)(za) or (a)” substitute “section 79(2)(a)”.

(3)In subsection (3A)—

(a)omit paragraph (a);

(b)in paragraph (b), for “any other” substitute “a”.

(4)In subsection (7), omit “section 148 or 172 of the Housing and Regeneration Act 2008,”.

4(1)Section 133 (consent to certain disposals of housing obtained from local authorities) is amended as follows.

(2)In subsection (1ZA)—

(a)omit paragraph (a);

(b)in paragraph (b), for “any other” substitute “a”.

(3)For subsection (1B) substitute—

(1B)This section does not apply if the original disposal was made to a private registered provider of social housing.

(4)In subsection (7), omit “section 148 or 172 of the Housing and Regeneration Act 2008,”.

Local Government and Housing Act 1989 (c. 42)

5(1)Section 173 of the Local Government and Housing Act 1989 (consent to certain disposals of housing obtained from new town corporations) is amended as follows.

(2)After subsection (1) insert—

(1ZA)Subsection (1) does not apply to a disposal of land by a private registered provider of social housing.

(3)In subsection (1A)—

(a)omit paragraph (a);

(b)in paragraph (b), for “any other” substitute “a”.

(4)In subsection (7), omit “section 148 or 172 of the Housing and Regeneration Act 2008,”.

Leasehold Reform, Housing and Urban Development Act 1993 (c. 28)

6In Schedule 10 to the Leasehold Reform, Housing and Urban Development Act 1993 (acquisition of Interests from Local Authorities etc), in paragraph 1(2)(b), for “sections 148 and 172” substitute “section 148”.

Housing and Regeneration Act 2008

7The Housing and Regeneration Act 2008 is amended as follows.

8In section 60 (structural overview), in subsection (4), in the final column of the entry relating to Chapter 5 of Part 2 of the Act—

(a)for paragraph (b) (Regulator’s consent) substitute—

(b)Notification of regulator;

(b)omit paragraphs (c), (d) and (g).

9After section 74 insert—

74ALeaving the social housing stock: transfer by private providers

(1)A dwelling ceases to be social housing if a private registered provider of social housing owns the freehold or a leasehold interest and transfers it to a person who is not a registered provider of social housing.

(2)Subsection (1) does not apply if and for so long as the private registered provider has a right to have the interest transferred back to it.

(3)Subsection (1) does not apply where low cost home ownership accommodation is transferred to—

(a)the “buyer” under equity percentage arrangements (see section 70(5)), or

(b)the trustees under a shared ownership trust (see section 70(6)).

(4)See section 73 for circumstances when low cost home ownership accommodation ceases to be social housing.

10(1)Section 75 (leaving the social housing stock) is amended as follows.

(2)Omit subsection (1).

(3)In subsections (2) and (3), for “”Subsections 1 and (1A) do” substitute “Subsection (1A) does”.

(4)In the heading, after “stock:” insert “local authority”.

11In section 119 (de-registration: voluntary), in subsection (5), omit paragraph (a) and the “and” at the end of that paragraph.

12In section 149 (moratorium: exempted disposals)—

(a)omit subsection (6);

(b)in subsection (7), for “6” substitute “5”;

(c)in subsection (8), for “7” substitute “6”.

13In section 171 (power to dispose), in subsection (3), omit “(which include provisions requiring the regulator’s consent for certain disposals)”.

14For the italic heading above section 172 substitute—

Notification of regulator.

15Omit sections 172 to 175 (disposal consents).

16For section 176 substitute—

176Notification of disposal

(1)If a private registered provider disposes of a dwelling that is social housing it must notify the regulator.

(2)If a non-profit registered provider disposes of land other than a dwelling it must notify the regulator.

(3)Subsection (1) continues to apply to any land of a private registered provider even if it has ceased to be a dwelling.

(4)The regulator may give directions about—

(a)the period within which notifications under subsection (1) or (2) must be given;

(b)the content of those notifications.

(5)The regulator may give directions dispensing with the notification requirement in subsection (1) or (2).

(6)A direction under this section may be—

(a)general, or

(b)specific (whether as to particular registered providers, as to particular property, as to particular forms of disposal or in any other way).

(7)A direction dispensing with a notification requirement—

(a)may be expressed by reference to a policy for disposals submitted by a registered provider;

(b)may include conditions.

(8)The regulator must make arrangements for bringing a direction under this section to the attention of every registered provider to which it applies.

17Omit section 179 and the italic heading before it (application of provisions of the Housing Act 1996 that have a connection with disposal consents.)

18In section 186 (former registered providers), for “to 175” substitute “and 176 (apart from section 176(2))”.

19Omit section 187 (change of use, etc).

20Omit section 190 (consent to disposals under other legislation).

21In section 278A (power to nominate for consultation purposes), for paragraph (b) substitute—

(b)section 176;.

Back to top

Options/Help

Print Options

You have chosen to open The Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open the Whole Act without Schedules

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open Schedules only

The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Show Explanatory Notes for Sections: Displays relevant parts of the explanatory notes interweaved within the legislation content.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources