Evolving Regulation in Social Housing Sector - Insights from Acuity Conference
Regulation: where are we going?
Acuity Conference- 19 April 2018
Robert Dryburgh – Assistant Director- Analysis
Chris Meskill- Head of Small Provider team
Outline
August 24
Regulator of Social Housing
2
Shape of the (changing) sector
Regulation – on-going and evolving:
Sector risk profile
Rent regulation
Consumer regulation
VfM standard
Providers
Recent movements
•
£2bn funding including social rent
•
Rent certainty from 2020
•
Removal of LHA caps (consultation on
other approaches)
•
De-regulation
•
Local authority influence regulations
•
ONS classification
•
Accompanied by an ask…
Forthcoming
•
Grenfell fire
•
Technical
•
Tenant voice
•
Complaints
•
Stigmatisation, challenging
stereotypes
•
…?
Regulation
Effective regulation
Responsive to increasing diversity, changes in risk profiles
Make best use of resources – level of engagement/sufficient assurance
Introduction of fees
Move to stand alone – Regulator of Social Housing
Sector Risk Profile
Health and Safety (see also Consumer
Regulation Review)
Investment in existing stock
Rental Income
UC roll out
Supported housing
Funding
Health and Safety and Care requirements
August 24
Regulator of Social Housing
6
Economic Risks
Benign economic environment – low
interest rates, and house prices
Robust stress testing
Development Risk
Increase in market sale and shared
ownership
Income from sales receipts > income from
grant or debt
Debt - £24bn forecast over 5 years
Interest rates
Rents
Rents is a matter on which the SoS can direct us and did so prior to the Welfare
Reform and Work Act 2016
New Rent Direction to implement the new policy of CPI+1% from 2020
MHCLG consultation on direction, RSH consultation on standard
New standard with effect from April 2020
Supported housing consultation closed on 23 Jan – proposed
•
sheltered and extra care rents would be regulated by RSH
•
long term supported housing funded through the welfare system
•
short term supported housing ring-fenced grant to LA to allocate
August 24
Regulator of Social Housing
7
Consumer regulation
The current position:
Materiality & proportionality – regulator focuses on systemic issues
Our role is reactive
The regulator may only act:
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Regulatory Notices and impacts on governance judgements
A strong grip on compliance is a fundamental board responsibility – response post-
Grenfell
The importance of effective internal controls and board oversight
Where a problem comes to light, it is essential that effective action is taken
Transparency with the regulator is essential if a provider suspects a breach
Role of board – regulation a backstop
August 24
Regulator of Social Housing
8
Value for Money Standard changes
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Providers’ own strategic objectives; articulate
strategy for delivering homes that meet a
range of needs; and Board agreed approach
to achieving value for money
Set own metrics and report against
Defined set of metrics – transparency
August 24
Regulator of Social Housing
9
Metrics
August 24
Regulator of Social Housing
10
10
(De)-regulation
Removal of consents regime
Disposals of tenanted stock
Strengthen TI&E standard – consultation with residents
Reaction of stakeholders – reputation
Trading regulatory risk for political risk
August 24
Regulator of Social Housing
11
11
Providers
Board own strategic priorities/objectives for organisation – existing stock, new
supply, services, community
Ensure robust risk management and stress testing – triggers and mitigations
Assurance re controls and iron grip on compliance - health and safety
Certify compliance annually with G&FV standard
Co-regulatory settlement
Reputation – individual and sector
Political (local, national)
Existing stock/tenants, new supply/future tenants, service delivery and standards,
handling complaints, engagement and communication, payoffs, remuneration,
efficiency, value for money
Good governance
August 24
Regulator of Social Housing
12
12
Regulation of smaller providers
August 24
Regulator of Social Housing
13
13
•
Regulating the Standards
updated April 2018 – sets out approach
•
All standards applicable
•
BUT proportionate approach to the c1200 smaller providers
When we may seek to engage further – Assurance sought
August 24
Regulator of Social Housing
14
14
Last 6 months – common problems that have emerged more
than once
•
Non-social housing activity – loss making/contracts lost
•
Covenant monitoring – including non-financial
•
Development overruns
•
Gas/fire safety matters
•
BUT context of a small proportion – c30 providers.
August 24
Regulator of Social Housing
15
15
August 24
Regulator of Social Housing
16
16
This presentation delves into the changing landscape of regulations in the social housing sector, highlighting key aspects such as rent regulation, consumer protection, risk profiles, and recent developments like funding changes and upcoming challenges. Emphasis is placed on adapting to sector risks, ensuring efficiency, promoting intelligence-led regulation, and staying responsive to changes in the environment.
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Presentation Transcript
Regulation: where are we going? Acuity Conference- 19 April 2018 Robert Dryburgh Assistant Director- Analysis Chris Meskill- Head of Small Provider team
Outline Shape of the (changing) sector Regulation on-going and evolving: Sector risk profile Rent regulation Consumer regulation VfM standard Providers Regulator of Social Housing August 24 2
Recent movements 2bn funding including social rent Rent certainty from 2020 Removal of LHA caps (consultation on other approaches) De-regulation Local authority influence regulations ONS classification Accompanied by an ask
Forthcoming Grenfell fire Technical Tenant voice Complaints Stigmatisation, challenging stereotypes ?
Regulation Ensure we have appropriate understanding of sector level risks Ensure we are forward thinking and responsive to changes in the external operating environment Ensure we are an efficient and effective organisation Deliver intelligence led regulation Effective regulation Responsive to increasing diversity, changes in risk profiles Make best use of resources level of engagement/sufficient assurance Introduction of fees Move to stand alone Regulator of Social Housing
Sector Risk Profile Health and Safety (see also Consumer Regulation Review) Investment in existing stock Rental Income UC roll out Supported housing Funding Health and Safety and Care requirements Economic Risks Benign economic environment low interest rates, and house prices Robust stress testing Development Risk Increase in market sale and shared ownership Income from sales receipts > income from grant or debt Debt - 24bn forecast over 5 years Interest rates Regulator of Social Housing August 24 6
Rents Rents is a matter on which the SoS can direct us and did so prior to the Welfare Reform and Work Act 2016 New Rent Direction to implement the new policy of CPI+1% from 2020 MHCLG consultation on direction, RSH consultation on standard New standard with effect from April 2020 Supported housing consultation closed on 23 Jan proposed sheltered and extra care rents would be regulated by RSH long term supported housing funded through the welfare system short term supported housing ring-fenced grant to LA to allocate Regulator of Social Housing August 24 7
Consumer regulation The current position: Materiality & proportionality regulator focuses on systemic issues Our role is reactive The regulator may only act: where there has been a breach of a standard which has, or may, cause serious detriment (serious harm) to tenants or potential tenants Regulatory Notices and impacts on governance judgements A strong grip on compliance is a fundamental board responsibility response post- Grenfell The importance of effective internal controls and board oversight Where a problem comes to light, it is essential that effective action is taken Transparency with the regulator is essential if a provider suspects a breach Role of board regulation a backstop Regulator of Social Housing August 24 8
Value for Money Standard changes New standard, Code of Practice, suite of standard metrics enforced since 1 April 2018 Providers own strategic objectives; articulate strategy for delivering homes that meet a range of needs; and Board agreed approach to achieving value for money Set own metrics and report against Defined set of metrics transparency Regulator of Social Housing August 24 9
Metrics Regulator of Social Housing August 24 10
(De)-regulation Removal of consents regime Disposals of tenanted stock Strengthen TI&E standard consultation with residents Reaction of stakeholders reputation Trading regulatory risk for political risk Regulator of Social Housing August 24 11
Providers Board own strategic priorities/objectives for organisation existing stock, new supply, services, community Ensure robust risk management and stress testing triggers and mitigations Assurance re controls and iron grip on compliance - health and safety Certify compliance annually with G&FV standard Co-regulatory settlement Reputation individual and sector Political (local, national) Existing stock/tenants, new supply/future tenants, service delivery and standards, handling complaints, engagement and communication, payoffs, remuneration, efficiency, value for money Good governance Regulator of Social Housing August 24 12
Regulation of smaller providers Regulating the Standards updated April 2018 sets out approach All standards applicable BUT proportionate approach to the c1200 smaller providers Review notifications about disposals and constitutional changes Review of financial statements Analyse Statistical Data Return Regulator of Social Housing August 24 13
When we may seek to engage further Assurance sought Viability issues Business plans and forecasts including VFM Stress testing and scenario analysis linked to risks faced Growth / New business area Development risk identified and managed Clear rationale including VFM Reactive - Allegations Provider response transparent, independent Regulator of Social Housing August 24 14
Last 6 months common problems that have emerged more than once Non-social housing activity loss making/contracts lost Covenant monitoring including non-financial Development overruns Gas/fire safety matters BUT context of a small proportion c30 providers. Regulator of Social Housing August 24 15
Regulator of Social Housing August 24 16
