Charity Commission extends remit over non-exempt registered providers

The Charity Commission (“CC”) has released its guidance relating to the change in regulation of social housing. Formerly the Homes and Communities Agency (“HCA”) provided consent to all registered providers making property disposals. Now, pursuant to the changes introduced by the Housing and Planning Act 2016, the HCA only need to be notified after the disposal has happened.

Real Estate

This has provoked the CC into announcing that all non-exempt charitable registered providers must now adhere with sections 117-121 Charities Act 2011. Previously the HCA consent regime exempted registered providers from needing to comply with this part of the Charities Act. However, the deregulation has now brought non-exempt charitable registered providers more closely under the remit of the CC. A link to the CC’s advice can be found here.

The changes do not impact exempt registered providers although the CC took the opportunity to remind exempt registered providers that they still need to adhere to the general duties of trustees.

If you are an non-exempt charitable registered provider and concerned about Charities Act compliance please contact Neil Lambert. Similarly, if you are an exempt registered provider and would like advice or training on trustee duties please don’t hesitate to get in touch with Jamie Huard.

This information is necessarily of a general nature and doesn’t constitute legal advice. This is not a substitute for formal legal advice, given in the context of full information under an engagement with Bates Wells.

All content on this page is correct as of April 10, 2017.