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30 June 2017 / Bethan Walsh
Issue: 7752 / Categories: Features , Charities
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Charitable house sales

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What do recent planning changes mean for non-exempt charitable housing associations? Bethan Walsh looks at the law

  • As of 6 April 2017, non-exempt charitable housing associations need to comply with ss 117-121 of the Charities Act 2011 when they dispose of land.

Recent changes made by the Housing and Planning Act 2016 (HPA 2016) have affected the extent to which registered providers of social housing (RPs) are required to comply with Pt 7 of the Charities Act 2011 (ChA 2011) with regard to disposals of land and mortgages. These changes came into effect as of 6 April 2017.

Background

Section 171(1) of the Housing and Regeneration Act 2008 (HRA 2008) provided a general power for an RP to dispose of land. Where such land was a dwelling that was social housing, RPs were required to obtain consent from the Homes and Communities Agency (HCA) under s 172 of the HRA 2008 or from the Welsh Ministers under s 133 of the Housing Act 1988 in relation to land in Wales.

The disposal

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