Q&As

Can a local authority dispose of a property to a non-registered housing provider without the consent of the Secretary of State?

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Published on LexisPSL on 11/03/2020

The following Local Government Q&A provides comprehensive and up to date legal information covering:

  • Can a local authority dispose of a property to a non-registered housing provider without the consent of the Secretary of State?
  • Unregistered housing association
  • Disposals of land by local authorities in England and Wales
  • Voluntary stock transfers
  • The General Housing Consents 2013
  • Disposals of land by local authorities in Scotland

Can a local authority dispose of a property to a non-registered housing provider without the consent of the Secretary of State?

In England, Wales and Scotland, a local authority must have the consent of the appropriate ministerial authority to dispose of any land to any third party (excepting disposals of dwelling houses to tenants exercising their statutory right to buy). Where the disposal is of a vacant property for best consideration and/or for its full market value, this consent is usually available from ministers in the form of a general consent (providing a presumption of permission to do so). A disposal of vacant residential property by a local authority to an unregistered housing body for less than best market value will require specific consent from the appropriate ministerial authority. The disposal of a tenanted property by a local authority to any third party will always require specific ministerial consent.

Unregistered housing association

The term ‘unregistered housing association’ is defined under English, Welsh and Scottish law in section 2B of the Housing Associations Act 1985.

Disposals of land by local authorities in England and Wales

In England and Wales, the disposal of land by local authorities is governed by Part II of the Housing Act 1985 (HA 1985). The term ‘local authority’ is defined under HA 1985, s 4(1)(e) and covers counties, county boroughs, districts, London boroughs, various minor regional

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