header-logo header-logo

Charitable house sales

30 June 2017 / Bethan Walsh
Issue: 7752 / Categories: Features , Charities
printer mail-detail
nlj_7752_walsh

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

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Carey Olsen—Kim Paiva

Carey Olsen—Kim Paiva

Group partner joins Guernsey banking and finance practice

Morgan Lewis—Kat Gibson

Morgan Lewis—Kat Gibson

London labour and employment team announces partner hire

Foot Anstey McKees—Chris Milligan & Michael Kelly

Foot Anstey McKees—Chris Milligan & Michael Kelly

Double partner appointment marks Belfast expansion

NEWS
The Ministry of Justice (MoJ) has not done enough to protect the future sustainability of the legal aid market, MPs have warned
Writing in NLJ this week, NLJ columnist Dominic Regan surveys a landscape marked by leapfrog appeals, costs skirmishes and notable retirements. With an appeal in Mazur due to be heard next month, Regan notes that uncertainties remain over who will intervene, and hopes for the involvement of the Lady Chief Justice and the Master of the Rolls in deciding the all-important outcome
After the Southport murders and the misinformation that followed, contempt of court law has come under intense scrutiny. In this week's NLJ, Lawrence McNamara and Lauren Schaefer of the Law Commission unpack proposals aimed at restoring clarity without sacrificing fair trial rights
The latest Home Office figures confirm that stop and search remains both controversial and diminished. Writing in NLJ this week, Neil Parpworth of De Montfort University analyses data showing historically low use of s 1 PACE powers, with drugs searches dominating what remains
Boris Johnson’s 2019 attempt to shut down Parliament remains a constitutional cautionary tale. The move, framed as a routine exercise of the royal prerogative, was in truth an extraordinary effort to sideline Parliament at the height of the Brexit crisis. Writing in NLJ this week, Professor Graham Zellick KC dissects how prorogation was wrongly assumed to be beyond judicial scrutiny, only for the Supreme Court to intervene unanimously
back-to-top-scroll