Eligibility Criteria
Section 25 of the Housing (Regulation of Approved Housing Bodies) Act 2019 sets out the eligibility criteria for Approved Housing Bodies. All organisations must meet the eligibility criteria in order to become a registered AHB.
The eligibility criteria identifies the types of organisations that can become a registered AHB, and includes specific objects and provisions that an AHB’s constitution must include.
An applicant must be one of the following types of organisation in order to become a registered AHB:
- a Company Limited by Guarantee (CLG) with at least 5 directors within the meaning of Part 18 of the Act of 2014
- a Designated Activity Company (DAC) limited by guarantee with at least 5 directors.
- a registered society
- a Friendly Society (within the meaning of the Friendly Societies Acts 1896 to 2018), or
- a charitable trust with at least 5 trustees that is a registered charitable organisation.
In addition to being one of the types of organisation listed above, an AHB must also ensure its constitution contains the required primary object(s) and provisions
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AHB Constitution
- An AHB’s constitution must contain either or both of the following as its primary object(s):
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- The provision of dwellings for the purpose of the alleviation of housing need
- The management of dwellings provided for the purpose of the alleviation of housing needs, whether or not it provides those dwellings
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- And the following provisions:
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- The prohibition of the distribution of any surplus, profit, bonus or dividend to members or directors or other persons.
- A requirement that all of its property (both real and personal) be applied solely in furtherance of its primary objects specified in section (i), except for money spent in the operation and maintenance of the AHB, including staffing.
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