The Scottish Housing Regulator has written to all registered social landlords (RSLs) to make them aware of changes to the legal position around regulatory consents to disposals of land or assets, and to constitutional and organisational changes.
Provisions of the Housing (Amendment) (Scotland) Act 2018 removing the Regulator’s powers of consent under the Housing (Scotland) Act 2010 come into force on 8 March 2019. This means that from that date, RSLs do not need to apply to the Regulator for consent to disposals of land or assets, or to constitutional and organisational changes.
The Regulator has advised RSLs that for relevant disposals and constitutional changes where consent was given before 8 March 2019, the disposal or constitutional change may proceed under the provisions of the 2010 Act and will not be affected by the 2018 Act. From 8 March, RSLs do not require consent but are required to notify the Regulator of relevant disposals and constitutional and organisational changes, and to notify it of the outcome of tenant consultation where that is required by the 2010 Act.
The Regulator issued guidance on such notifications at the end of February: click here to view.