On the 6 April 2017, regulations of English social housing providers relating to registration requirements were changed as a result of the Housing and Planning Act 2016 being implemented which amending the Housing and Regeneration Act 2008.
Prior to the 6 April 2017, a private registered provider (such as a housing association) applying to be registered as a proprietor of a registered estate or charge had to provide the Land Registry with a certificate confirming their status. Since the implementation of the Housing and Planning Act 2016 any applications made on or after the 6 April will no longer require such a certification from the private registered provider because the Regulator of Social Housing’s consent requirement has been repealed. Similarly, since 6 April, where a private registered provider disposes a dwelling on or after the date, the provider is no longer required to comply with the restrictions in the register.
The Housing and Planning Act 2016 (Consequential Provisions) (England) Regulations 2017 amended Section 183A of the Land Registration Act 2003 and amended four of the standard forms of restrictions in Schedule 4 to the Land Registration Rules 2003.
Restriction under Section 172 of the Housing Regeneration Act 2008
Restriction: “No disposition of the registered estate by the proprietor of the registered estate is to be completed by registration without a certificate by the registered proprietor signed by their secretary or by two trustees of a charitable trust or by their conveyancer that the provisions of section 172 of the Housing and Regeneration Act 2008 have been complied with or that they do not apply the disposition.”
This restriction no longer applies to disposals made on or after 6 April 2017. Where any disposals were made before 6 April, evidence of compliance will still be necessary.
Under Regulation 6 of the Transitional Provisions, any disposal made before 6 April where consent was required by the Regulator of Social Housing but was not obtained, consent can be deemed to have been granted. This only applies where consent is required by section 172 of the Housing and Regeneration Act 2008.
Restriction under Section 9 of the Housing Act 1996
Restriction: No disposition of the registered estate by the proprietorship of the registered estate by the proprietor of the registered estate is to be registered without a certificate signed on behalf of the proprietorship by its secretary (or by two trustees, if a charitable trust) or its solicitor or licensed conveyance that the provisions of Section 9 of the Housing Act 1996 have been complied with.
The requirements for the Section 172 restrictions apply in the same way to this restriction.
The HMLR are seeking to remove all section 172 restrictions from registers where they appear under the powers in Paragraph 5 of Schedule 4 to the Land Registration Act 2002 as the restrictions will be unnecessary. Likewise, they will also seek to remove section 9 restrictions where it is clear that the restriction relates to a private registered provider and the property is in England.
The effect of the recent change will have a significant impact on reducing administrative burdens on private registered providers and Land Registry registration process timescales being reduced.
For further information and advice, please call the Housing Team on 0800 088 6004