Regulatory Code and guidance
The Regulatory Code and guidance has been established and used since April 2002. This stand-alone format is a key part of improving the accessibility and transparency of our regulatory documents.
The Regulatory Code and guidance reflect our general powers as a regulator. We also have specific powers under Section 36 of the Housing Act 1996 to issue housing management guidance in defined areas. The particular elements issued further to Section 36 are highlighted in the guidance. The Housing Act 2004 extended Section 36 to cover guidance on governance, effective management and financial viability. This provides an opportunity to remove a potential confusion and put the whole of the Code and guidance on a consistent footing. We shall do so in due course following any necessary formal consultation process.
We have taken the opportunity of this re-publication to make two editorial changes:
- Our requirement on risk management (previously section 1.2) has been moved to within "Properly governed" (new section 2.8) because this is more properly a governance issue;
- Section 3.4g on leaseholder sinking funds has been updated to be less prescriptive so that associations can consider the best way to achieve the desired outcome.
