Revised Section 9 General Consent Order

The housing sector has emerged at the top of the political agenda and Housing Associations have a vital role to play in providing solutions to housing issues, never more than in the current economic climate when there will be more challenges and opportunities than ever.

Consequently, there needs to be a balance between sensible accountability and flexibility for Associations to operate in a business-like and innovative manner.

RICS Wales is aware of the many recommendations made in the report ‘Affordable Housing In Wales’ published in June 2008 which in a broad ranging review called for a relaxation of constraints on Housing Associations and included specific proposals to eliminate the need as far as possible for Assembly individual consents on the sale of land and buildings as set out in the Section 9 General Consent Order.

The importance of proper regulation to secure public funding is recognised but to impose too rigid control will restrict the freedom of Housing Associations to operate effectively. It is noted that the relaxations proposed are limited suggesting that a large number of grant aided disposals will still require consent.

Thus, whilst RICS Wales welcomes the move to a more flexible approach there is concern that the proposals do not go far enough in reducing the administrative burden on both the Assembly and the Housing Associations.

The conditions under Part II of the order are noted, and particularly the need for evidence that the disposal price is the best that can reasonably be obtained. It is essential that the valuation certificate is valid and clearly expresses open market value and RICS Wales fully supports the conditions that all the necessary documents and certification are properly recorded and available for audit scrutiny.