Deemed Registered

Section 34 of the Housing (Regulation of Approved Housing Bodies) Act 2019 provides that existing AHBs approved under section 6 of the Housing (Miscellaneous Provisions) Act 1992 will be ‘deemed’ registered. That is, all organisations that currently have Approved Housing Body status and are listed on the Department’s register will be ‘deemed’ registered, when the section is commenced.

Once deemed registered, AHBs must comply with the provisions of the 2019 Act.

Timelines for Commencement

The powers and functions of the AHBRA will be commenced on a phased basis. It is anticipated that all aspects relating to Registration will be commenced early 2022.

As above on commencement all Approved Housing Bodies will be ‘Deemed Registered’.

Seeking Information

The legislation also allows the Regulator to seek information from the Minister for purposes relating to persons deemed registered. Additionally, it allows the Regulator to seek information from an AHB that is deemed registered, as if they were an applicant for registration under section 27 of the Act. AHBs are required to comply.

Entry on the Register

The AHBRA is required to establish a register and to enter on ‘the register’ as soon as practicable, the following detail:

  • the name of the person concerned and the person’s principal place of business in the State,
  • the registration number issued to the person,
  • the activity to which the registration relates,
  • in the case of a company, the names of the directors of the company,
  • in the case of a registered society, the names of the members of the committee of management or other directing body of the society,
  • in the case of a friendly society within the meaning of the Friendly Societies Acts 1896 to 2018, the names of the members of the committee of management of the society,
  • in the case of a charitable trust, the names of the trustees of the trust,
  • in the case of a person not falling within paragraph (d), (e), (f) or (g), as the case may be, such particulars as the Regulator considers appropriate, and
  • any other particulars as the Regulator considers appropriate

The above list is not exhaustive, and the Regulator may enter on the register other information, as it deems appropriate.

Deemed AHBs: Application to Register

Once deemed registered, AHBs will have a specific timeframe to ‘apply for registration’ depending on their size and scale of activities.

On commencement of ‘Registration’ within the legislation, deemed AHBs will be required to meet the same eligibility and the requirements as set out in the ‘Application to Register’. However, as noted above, the timeline for deemed registered organisations depends on their size, as set out in the table below.

Number of Dwellings Timeframe to Register
300 or more dwellings 12 months
50-300 dwellings 2 years
Less than 50 dwellings 3 years
No dwellings 3 years

It is strongly recommended that AHBs familiarise themselves with the legislation, the registration framework, eligibility criteria, the application to register and the information required or that may be sought by the AHBRA when an organisation is deemed registered.

For further details or queries in relation to the current Register held by the DHLGH, please see Useful Website Links.

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