http://www.legislation.gov.uk/ukpga/2016/22/schedule/4Housing and Planning Act 2016An Act to make provision about housing, estate agents, rentcharges, planning and compulsory purchase.texttext/xmlenStatute Law Database2026-04-13Expert Participation2026-03-11 SCHEDULESSCHEDULE 4Reducing social housing regulation Section 92 PART 1 Removal of disposal consent requirements<Emphasis>Housing Act 1985 (c. 68)</Emphasis>11Section 171D of the Housing Act 1985 (consent to certain disposals of housing obtained subject to the preserved right to buy) is amended as follows.2After subsection (2) insert—2ZASubsection (2) does not apply to a disposal of land by a private registered provider of social housing.3In subsection (2A)—aomit paragraph (a);bin paragraph (b), for “any other” substitute “ a ”.<Emphasis>Housing Act 1988 (c. 50)</Emphasis>2The Housing Act 1988 is amended as follows.31Section 81 (consent to certain disposals of housing obtained from housing action trusts) is amended as follows.2In subsection (1), for “section 79(2)(za) or (a)” substitute “ section 79(2)(a) ”.3In subsection (3A)—aomit paragraph (a);bin paragraph (b), for “any other” substitute “ a ”.4In subsection (7), omit “section 148 or 172 of the Housing and Regeneration Act 2008,”.41Section 133 (consent to certain disposals of housing obtained from local authorities) is amended as follows.2In subsection (1ZA)—aomit paragraph (a);bin paragraph (b), for “any other” substitute “ a ”.3For subsection (1B) substitute—1BThis section does not apply if the original disposal was made to a private registered provider of social housing.4In subsection (7), omit “section 148 or 172 of the Housing and Regeneration Act 2008,”.<Emphasis>Local Government and Housing Act 1989 (c. 42)</Emphasis>51Section 173 of the Local Government and Housing Act 1989 (consent to certain disposals of housing obtained from new town corporations) is amended as follows.2After subsection (1) insert—1ZASubsection (1) does not apply to a disposal of land by a private registered provider of social housing.3In subsection (1A)—aomit paragraph (a);bin paragraph (b), for “any other” substitute “ a ”.4In subsection (7), omit “section 148 or 172 of the Housing and Regeneration Act 2008,”.<Emphasis>Leasehold Reform, Housing and Urban Development Act 1993 (c. 28)</Emphasis>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 ”.<Emphasis>Housing and Regeneration Act 2008</Emphasis>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—afor paragraph (b) (Regulator's consent) substitute—bNotification of regulator;bomit paragraphs (c), (d) and (g).9After section 74 insert—Leaving the social housing stock: transfer by private providers74A1A 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.2Subsection (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.3Subsection (1) does not apply where low cost home ownership accommodation is transferred to—athe “buyer” under equity percentage arrangements (see section 70(5)), orbthe trustees under a shared ownership trust (see section 70(6)).4See section 73 for circumstances when low cost home ownership accommodation ceases to be social housing.101Section 75 (leaving the social housing stock) is amended as follows.2Omit subsection (1).3In subsections (2) and (3), for “Subsections 1 and (1A) do” substitute “ Subsection (1A) does ”.4In 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)—aomit subsection (6);bin subsection (7), for “6” substitute “ 5 ”;cin 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—Notification of disposal1761If a private registered provider disposes of a dwelling that is social housing it must notify the regulator.2If a non-profit registered provider disposes of land other than a dwelling it must notify the regulator.3Subsection (1) continues to apply to any land of a private registered provider even if it has ceased to be a dwelling.4The regulator may give directions about—athe period within which notifications under subsection (1) or (2) must be given;bthe content of those notifications.5The regulator may give directions dispensing with the notification requirement in subsection (1) or (2).6A direction under this section may be—ageneral, orbspecific (whether as to particular registered providers, as to particular property, as to particular forms of disposal or in any other way).7A direction dispensing with a notification requirement—amay be expressed by reference to a policy for disposals submitted by a registered provider;bmay include conditions.8The 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—bsection 176;. PART 2 Restructuring and dissolution: removal of consent requirements etc22The Housing and Regeneration Act 2008 is amended as follows.23In section 115 (profit-making and non-profit organisations), in subsection (9), after “non-profit organisation” insert “ or vice versa ”.24For section 160 substitute—Company: arrangements and reconstructions1601This section applies to a non-profit registered provider which is a registered company.2The registered provider must notify the regulator of any voluntary arrangement under Part 1 of the Insolvency Act 1986.3The registered provider must notify the regulator of any order under section 899 of the Companies Act 2006 (court sanction for compromise or arrangement).4An order under section 899 of Companies Act 2006 does not take effect until the registered provider has confirmed to the registrar of companies that the regulator has been notified.5The registered provider must notify the regulator of any order under section 900 of the Companies Act 2006 (powers of court to facilitate reconstruction or amalgamation).6The requirement in section 900(6) of the Companies Act 2006 (sending copy of order to registrar) is satisfied only if the copy is accompanied by confirmation that the regulator has been notified.25For section 161 substitute—Company: conversion into registered society1611This section applies to a non-profit registered provider which is a registered company.2The registered provider must notify the regulator of any resolution under section 115 of the Co-operative and Community Benefit Societies Act 2014 for converting the registered provider into a registered society.3The registrar of companies may register a resolution under that section only if the registered provider has confirmed to the registrar that the regulator has been notified.4The regulator must decide whether the new body is eligible for registration under section 112.5If the new body is eligible for registration, the regulator must register it and designate it as a non-profit organisation.6If the new body is not eligible for registration, the regulator must notify it of that fact.7Pending registration, or notification that it is not eligible for registration, the new body is to be treated as if it were registered and designated as a non-profit organisation.26For section 163 substitute—Registered society: restructuring1631This section applies to a non-profit registered provider which is a registered society.2The registered provider must notify the regulator of any resolution passed by the society for the purposes of the restructuring provisions listed in subsection (4).3The Financial Conduct Authority may register the resolution only if the registered provider has confirmed to the Financial Conduct Authority that the regulator has been notified.4The following provisions of the Co-operative and Community Benefit Societies Act 2014 are the restructuring provisions—asection 109 (amalgamation of societies);bsection 110 (transfer of engagements between societies);csection 112 (conversion of society into a company etc).5The regulator must decide whether the body created or to whom engagements are transferred (“the new body”) is eligible for registration under section 112.6If the new body is eligible for registration, the regulator must register it and designate it as a non-profit organisation.7If the new body is not eligible for registration, the regulator must notify it of that fact.8Pending registration, or notification that it is not eligible for registration, the new body is to be treated as if it were registered and designated as a non-profit organisation.27In section 165 (registered society: dissolution), for subsection (2) substitute—2The registered provider must notify the regulator.3The Financial Conduct Authority may register the instrument under section 121 of that Act, or cause notice of the dissolution to be advertised under section 122 of that Act, only if the registered provider has confirmed to the Financial Conduct Authority that the regulator has been notified.28Omit section 166 (winding up petition by regulator).29After section 169 insert—<Emphasis>Notification of constitutional changes</Emphasis>Registered societies: change of rules169AA non-profit registered provider that is a registered society must notify the regulator of any change to the society's rules.Charity: change of objects169BThe trustees of a registered charity that is a non-profit registered provider must notify the regulator of any amendment to the charity's objects.Companies: change of articles etc169CA non-profit registered provider that is a registered company must notify the regulator of—aany amendment of the company's articles of association,bany change to its name or registered office.”<Emphasis>Directions about notifications</Emphasis>Directions about notifications169D1The regulator may give directions about—athe period within which notifications under sections 160 to 165 or 169A to 169C must be given by private registered providers;bthe content of those notifications.2The regulator may give directions dispensing with notification requirements imposed by sections 160 to 165 or 169A to 169C.3A direction under this section may be—ageneral, orbspecific (whether as to particular registered providers, particular kinds of notification requirement or in any other way).4A direction dispensing with a notification requirement may include conditions.5The regulator must make arrangements for bringing a direction under this section to the attention of every registered provider to which it applies.30In section 192 (overview), omit paragraph (c).31Omit sections 211 to 214 and the italic heading before section 211 (constitutional changes to non-profit providers). PART 3 Abolition of disposal proceeds fund32The Housing and Regeneration Act 2008 is amended as follows.33Omit—asections 177 and 178;bthe italic heading before section 177.341Section 181 (meaning of “publicly funded” for purposes of provisions about right to acquire) is amended as follows.2After subsection (2) insert—2ACondition 2 is that—athe dwelling was provided wholly or partly by a person using an amount for purposes for which the amount was required to be used by an HCA direction under section 32(4), andbbefore giving the direction the HCA notified the person that any dwelling so provided would be regarded as publicly funded.3In subsection (3), for “2” substitute “ 3 ”.4After subsection (3) insert—3AIn relation to a private registered provider, the reference in subsection (3) to its disposal proceeds fund is to its disposal proceeds fund before the abolition of that fund by Part 3 of Schedule 4 to the Housing and Planning Act 2016.5In subsections (4) and (5), for “3” substitute “ 4 ”.6In subsection (6), for “4” substitute “ 5 ”.35Regulations under section 213 in connection with the coming into force of paragraph 33 may, in particular, include provision to preserve the effect of sections 177 and 178 of the Housing and Regeneration Act 2008 for a period in relation to sums in a private registered provider's disposal proceeds fund immediately before that paragraph comes into force (including later interest added under section 177(7) of that Act). PART 4 Enforcement Powers36The Housing and Regeneration Act 2008 is amended as follows.37In section 269 (appointment of new officers of non-profit registered providers) in subsection (1)(c), for “proper management of the body's affairs” substitute “ to ensure that the registered provider's affairs are managed in accordance with legal requirements (imposed by or under an Act or otherwise) ”.38In section 275 (interpretation), for the definition of “mismanagement” substitute—“mismanagement”, in relation to the affairs of a registered provider, means managed in breach of any legal requirements (imposed by or under an Act or otherwise);.Sch. 4 para. 27 in force at 6.4.2017 by S.I. 2017/75, reg. 4Sch. 4 para. 11 in force at 6.4.2017 by S.I. 2017/75, reg. 4Sch. 4 para. 32 in force at 6.4.2017 by S.I. 2017/75, reg. 4Sch. 4 para. 9 in force at 6.4.2017 by S.I. 2017/75, reg. 4Sch. 4 para. 6 in force at 6.4.2017 by S.I. 2017/75, reg. 4Sch. 4 para. 37 in force at 6.4.2017 by S.I. 2017/75, reg. 4Sch. 4 para. 4 in force at 6.4.2017 by S.I. 2017/75, reg. 4Sch. 4 para. 33 in force at 6.4.2017 by S.I. 2017/75, reg. 4 (with reg. 7)Sch. 4 para. 8 in force at 6.4.2017 by S.I. 2017/75, reg. 4Sch. 4 para. 18 in force at 6.4.2017 by S.I. 2017/75, reg. 4Sch. 4 para. 31 in force at 6.4.2017 by S.I. 2017/75, reg. 4Sch. 4 para. 30 in force at 6.4.2017 by S.I. 2017/75, reg. 4Sch. 4 para. 26 in force at 6.4.2017 by S.I. 2017/75, reg. 4Sch. 4 para. 19 in force at 6.4.2017 by S.I. 2017/75, reg. 4Sch. 4 para. 3 in force at 6.4.2017 by S.I. 2017/75, reg. 4Sch. 4 para. 29 in force at 6.4.2017 by S.I. 2017/75, reg. 4Sch. 4 para. 1 in force at 6.4.2017 by S.I. 2017/75, reg. 4Sch. 4 para. 35 in force at 6.4.2017 by S.I. 2017/75, reg. 4Sch. 4 para. 23 in force at 6.4.2017 by S.I. 2017/75, reg. 4Sch. 4 para. 38 in force at 6.4.2017 by S.I. 2017/75, reg. 4Sch. 4 para. 36 in force at 6.4.2017 by S.I. 2017/75, reg. 4Sch. 4 para. 20 in force at 6.4.2017 by S.I. 2017/75, reg. 4Sch. 4 para. 2 in force at 6.4.2017 by S.I. 2017/75, reg. 4Sch. 4 para. 15 in force at 6.4.2017 by S.I. 2017/75, reg. 4 (with reg. 6)Sch. 4 para. 28 in force at 6.4.2017 by S.I. 2017/75, reg. 4Sch. 4 para. 21 in force at 6.4.2017 by S.I. 2017/75, reg. 4Sch. 4 para. 13 in force at 6.4.2017 by S.I. 2017/75, reg. 4Sch. 4 para. 17 in force at 6.4.2017 by S.I. 2017/75, reg. 4Sch. 4 para. 7 in force at 6.4.2017 by S.I. 2017/75, reg. 4Sch. 4 para. 16 in force at 6.4.2017 by S.I. 2017/75, reg. 4Sch. 4 para. 24 in force at 6.4.2017 by S.I. 2017/75, reg. 4Sch. 4 para. 22 in force at 6.4.2017 by S.I. 2017/75, reg. 4Sch. 4 para. 10 in force at 6.4.2017 by S.I. 2017/75, reg. 4Sch. 4 para. 34 in force at 6.4.2017 by S.I. 2017/75, reg. 4Sch. 4 para. 25 in force at 6.4.2017 by S.I. 2017/75, reg. 4Sch. 4 para. 14 in force at 6.4.2017 by S.I. 2017/75, reg. 4Sch. 4 para. 5 in force at 6.4.2017 by S.I. 2017/75, reg. 4Sch. 4 para. 12 in force at 6.4.2017 by S.I. 2017/75, reg. 4