Consultation on statutory guidance under s215 of the HRA 2008
Proposed guidance on how RSH uses, and intends to use, its statutory regulatory and enforcement powers and certain general powers following legislative changes
- Open Consultation Consultation on Statutory Guidance under section 215 of the Housing and Regeneration Act 2008
- Other Introduction to draft Statutory Guidance
- Guidance Draft guidance note 1: Sections 199-200 – Survey (regulatory power)
- Guidance Draft guidance note 2: Sections 201-203A – Inspections (regulatory power)
- Guidance Draft guidance note 3: Sections 206-210A – Inquiry and extraordinary audit (regulatory power)
- Guidance Draft guidance note 4: Sections 218A-D – Performance improvement plans (enforcement power)
- Guidance Draft guidance note 5: Sections 219-225 – Enforcement notices (enforcement power)
- Guidance Draft guidance note 6: Section 225A-225H – Emergency remedial action (enforcement power)
- Guidance Draft guidance note 7: Sections 226-235 – Penalties (enforcement power)
- Guidance Draft guidance note 8: Sections 236-245 – Compensation (enforcement power)
- Guidance Draft guidance note 9: Sections 247, 248 and 250a – Management tender (enforcement power)
- Guidance Draft guidance note 10: Sections 249, 250 and 250a – Management transfer (enforcement power )
- Guidance Draft guidance note 11: Sections 251- 252 – Appointment of a manager (enforcement power)
- Guidance Draft guidance note 12: Section 252A – Appointment of advisers to local authorities (enforcement power)
- Guidance Draft guidance note 13: Sections 253-254 – Transfer of land (enforcement power)
- Guidance Draft guidance note 14: Section 255 – Amalgamation (enforcement power)
- Guidance Draft guidance note 15: Sections 256 to 265 – Powers available during or following an inquiry (enforcement power)
- Guidance Draft guidance note 16: Sections 266 to 268 – Removal of officers (enforcement notice)
- Guidance Draft guidance note 17: Section 269 – Appointment of new officers (enforcement power)
- Guidance Draft guidance note 18: Sections 269a- 269b – Censure of local authority employees (enforcement notice)
- Guidance Draft guidance note 19: Sections 144-159 the Act and Chapter 5 of Part 4 of the Housing and Planning Act 2016 (Insolvency and moratorium powers)
- Other Annex 1: List of respondents to the consultation [accessible version]
- Guidance Annex 2: Guidance note 2 - as amended following consultation [accessible version]
- Guidance Annex 3: Guidance Note 16 - as amended following the consultation [accessible version]
- Guidance Annex 4: Guidance Note 19 - as amended following the consultation [accessible version]
- Impact Assessment Annex 6: Final Business engagement assessment (including equality analysis) [accessible version]
The Regulator of Social Housing is proposing to update our statutory guidance under section 215 of the Housing and Regeneration Act 2008 to reflect amendments to the Housing and Regeneration Act 2008 introduced by the Social Housing (Regulation) Act 2023.
The 2023 Act delivers the reforms set out in the Social Housing White Paper one of which was to strengthen the regulator’s enforcement powers. through some new powers and some existing powers being amended.
Under section 215(1)(b)) of the 2008 Act the regulator must publish guidance on how we use and intend to use powers. It is a further requirement that before giving such guidance we must consult with the parties set out at section 216 of the 2008 Act. This consultation fulfils that requirement and represents an opportunity for interested persons and organisations to comment on the revised guidance. We will review the proposed changes to the statutory guidance in light of the responses received to this consultation.