The social housing regulator
CERTIFICATION TO DISPONEE AND REGISTER OF DISPOSALS MADE USING THE GENERAL CONSENT 2015
HOUSING AND REGENERATION ACT 2008, SECTION 172
HOUSING ACT 1988, SECTION 133
HOUSING ACT 1985, SECTION 171D
INTRODUCTION
This form has two purposes:
· a private registered provider (‘provider’) must certify to the person to whom a disposal of property is made (‘disponee’) before it disposes of property using the General Consent 2015; and that certification must be in a form specified by the regulator of social housing (‘regulator’) (see General Consent 2015 Part II condition 5). This is the form specified by the regulator. Provision of a certified true copy of this form to the solicitors for the disponee is likely to assist land registration processes
· providers must keep a register of disposals made using the General Consent 2015 (see General Consent 2015 Part II condition 6). Completion of this form DC5 will assist providers fulfil that condition. Note that the certification to a disponee under condition 5 (which is this form) must be kept with the register. Providers are reminded that the regulator may request that information is made available
This register should only be used for those types of disposal which can be made using the General Consent 2015. Any other disposal needs the regulator’s prior specific consent and this register should not be used.
It is for providers to ensure that they seek legal advice where needed, including about what consents they require. More general information on all the issues relevant to this application can be found in the regulator’s guidance, Disposing of Land.
Remember that a disposal without the regulator’s consent is void. Providers should note the importance of compliance with all conditions and certifications.
THE SPECIFIED FORM AND THE REGISTER
Part 1 – PROVIDER details
1. Details of the provider making the disposalGuidance notes Q1
1A - If a member of a group structure, please ensure that the correct group member is named.
1B/1C - Please give the full address of the registered office of the provider (include the postcode).
1D - Please provide the registration number given by the regulator even if the provider has been de-registered (not the company or society number).
1E - Please include the provider’s designation i.e. non-profit or profit making. The designation can be obtained from the register of social housing providers which is on the regulator’s website.
1A / Name
1B / Address
1C / Postcode
1D / Registration number
1E / Designation (please tick one) / Non-profit / Profit-making
Part 2 – type of disposal
2. Type of disposal (please tick)Guidance notes Q2
This register should only be used for those types of disposal which can be made using the General Consent 2015. Any other disposal needs the regulator’s prior specific consent and this register should not be used.
2A / Freehold transfer / Go to Part 4
2B / Leasehold transfer / Go to Part 3
2C / Easement / Go to Part 4
2D / Surrender of covenant / Go to Part 4
2E / Legal charge other than for private finance facility / Go to Part 4
2F / Option to dispose / Go to Part 4
2G / Other / please specify below
2G(i) / Please provide details of the other type of disposal here, then go to Part 4.
Part 3 – leasehold disposals – only complete this part if you ticked answer 2b
3. What kind of leasehold interest was disposed of (please tick)?3A / An existing leasehold interest / Go to question 4
3B / A new leasehold interest / Go to question 5
4. Existing leasehold interests - only complete this if you ticked answer 3A
Which of the following best describes the disposal (please tick)?
4A / A disposal of an existing leasehold interest by assignment or surrender / Go to Part 4
4B / A disposal and re-grant of an existing leasehold interest / Go to Part 4
4C / An extension of the lease / Go to Part 4
4D / Other / Please specify below
4D(i) / Please provide details of the other type of leasehold disposal here, then go to Part 4.
5. New leasehold interests - only complete this if you ticked answer 3B
Which of the following best describes the type of leasehold interest (please tick)?
A lease / Go to Part 4
A sub-lease / Go to Part 4
An under-lease / Go to Part 4
Other / Please specify below
Please provide details of the other type of leasehold interest here, then go to Part 4.
6. New leasehold interests - only complete this if you ticked answer 3B
Please confirm the term of the lease, and the start date if known.
Answer:
Part 4 – legislative requirements
7. Please confirm under which legislation consent is required (please tick all that apply).Guidance notes Q7
If consent is being sought under more than one piece of legislation, please complete all the relevant subsections of the form.
7A / Section 172 HRA 2008 / Go to Part 5
7B / Section 133 HA 1988 / Go to Part 4(i)
7C / Section 171D HA 1985 / Go to Part 5
Part 4(i) – consent under s133 ha 1988 – only complete if you ticked answer 7b
8. Consent under s133 HA 1988Does the social housing to be disposed of include social housing that is not a dwelling (please tick one)?
Guidance notes Q8
If you are disposing of land that is part of a dwelling, e.g. part of the garden, tick no.
Yes / Go to question 9
No / Go to Part 5
9. Consent under s133 HA 1988
Confirm that the transfer from the local authority took place before 01 April 2010.
Guidance notes Q9
Please see the Annex of Disposing of Land for details of consent requirements for social housing that is not a dwelling. Consent would not normally be required for non-housing land that was transferred on or after 01 April 2010.
Yes / Go to Part 5
Part 5 – Details of property being disposed of
Guidance notes Q10
Count bed spaces only when describing a shared dwelling such as a hostel; otherwise
· 1 unit = a dwelling with its own kitchen and bathroom
· 2 units = 2 dwellings, e.g. 1 house split into 2 flats, etc.
Application must not result in the disposal of the Provider’s last remaining social housing dwelling.
Where the social housing is not a dwelling, please give a brief description e.g. shops, community centre, car park etc.
Answer:
11. Are any of the dwellings referred to in question 10 former dwellings?
Guidance notes Q11
The disposal of land that has ceased to be a dwelling may also require consent. Please give information about when the land ceased to be a dwelling and whether that happened while in the ownership of the current provider. This will help the regulator to assess whether consent is needed. Further information on former dwellings is in chapter 2 of Disposing of Land.
11A / Yes / Go to Question 12
11B / No / Go to Question 13
12. Total number of former dwellings to be disposed of and confirm when they ceased to be a dwelling – only complete if you ticked answer 11A
12A / Number
12B / Date(s) when property(ies) cease to be a dwelling(s).
13. Full address(es), post code(s) and title number(s) of the social housing to be disposed of, including former dwellings. Please include a site plan if necessary (please see guidance notes).
Guidance notes Q13
You should list each property separately. This form provides space for 5 properties. If there is not enough space below, use extra sheets as necessary. You can find a blank sheet on the regulator’s website – ‘List of additional properties for which disposal consent is sought’.
If you wish to submit the list of properties on a spreadsheet or schedule, you may do so as long as you include all the information requested in the fields below.
Addresses, postcodes and title numbers
Where the proposed disposal involves multiple flats in a block, the addresses, postcodes where appropriate, and title numbers should be given separately. Where the proposed disposal includes reversionary interests in dwellings, these should also be included.
Land registry title number
Please provide details of the Land Registry title number for each property
Site plans
For disposals of dwellings that cannot easily be identified by the postal address (e.g. part of the garden), please attach an A4 plan detailing the area of land in question. The site plan should clearly show the land being disposed of with boundaries edged in red.
No plan is needed for disposal of a dwelling which can be identified by its postal address..
Property no: 1
Address
Postcode
Title number
Site plan attached (please tick one) / Yes / No
Property no: 2
Address
Postcode
Title number
Site plan attached / Yes / No
Property no: 3
Address
Postcode
Title number
Site plan attached (please tick one) / Yes / No
Property no: 4
Address
Postcode
Title number
Site plan attached (please tick one) / Yes / No
Property no: 5
Address
Postcode
Title number
Site plan attached (please tick one) / Yes / No
14. Local authority area(s) in which the dwelling(s) is(are) located
Guidance notes Q14
Please state all local authority areas relevant to the disposal(s)
Answer:
Part 6 – Details of DISPONEE
15A / A private registered provider / Go to question 16, then Part 7
15B / A local authority that is a registered provider / Go to question 16, then Part 7
15C / A local authority that is not a registered provider / Go to Part 7
15D / A sitting tenant / Go to Part 7
15E / A private individual or company / Go to question 7
15F / Other / Please specify below
15F(i) / Please provide details of the other type of disponee here, then go to Part 9.
16. Proposed disposals to other registered providers – only complete if you ticked answer 15A or 15B
Name and registration number of receiving organisation
Guidance notes Q16
16A - If the receiving provider is a member of a group structure, please ensure that the correct group member is named.
16B/C - Please give the full address of the registered office of the receiving provider (include the postcode).
16D - Please provide the registration number given by the regulator (not the company or society number).
16E - Please include the receiving provider’s designation i.e. non-profit or profit making. The designation can be obtained from the regulator’s website.
16A / Name
16B / Address
16C / Postcode
16D / Registration number
16E / Designation (please tick one) / Non-profit / Profit-making
Part 7 – GENERAL CONSENT CATEGORY, AND DISPOSAL DATE
Answer:
18. Confirm the following statements (please tick).
Guidance notes Q18
You should not use the General Consent if you are not able to confirm these.
18A / I confirm that the disposal will comply with the conditions of Part II of the General Consent and/or the specific conditions of the relevant category of the General Consent as applicable
19. Date of disposal.
Answer:
20. Was a valid valuation required in accordance with General Condition 3?
20A / Yes / Go to question 21
20B / No / Go to question 22
21. Valid valuation obtained – only complete if you ticked answer 20A
Confirm the following statement (please tick).
Guidance notes Q21
You should not use the General Consent if you are not able to confirm this.
21A / I confirm that a valid valuation has been obtained in accordance with General Condition 3
22. Please add here any additional information that you wish to record for your own purposes.
Answer:
Part 8 – declaration and certificationS
WARNING: Remember that a disposal without the regulator’s consent, whether general or specific, is void. Providers should therefore also note the importance of compliance with all requirements and certifications. Making false statements may result in a proposed disposal being void and/or regulatory action by the regulator.
declaration
I the undersigned, declare that:
· to the best of my knowledge and belief the information on this form, including the certifications below, is true
· I have appropriate delegated authority from the governing body of the Provider to use the General Consent 2015 for this disposal, and to certify as set out below
· The provider has access to the relevant category of the General Consent 2015 (in relation to category 6, including formal written authorisation)
· the Provider will not cease to be eligible for registration as a provider of social housing as a result of making this disposal
· the Provider acknowledges that the disposal will be subject to:
o the conditions of the relevant category of the General Consent 2015, and/or
o the conditions in Part II of the General Consent 2015
certificationS
1. Certification to the disponee (as required by the Regulator of Social Housing)