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Eligibility

The Housing (Regulation of Approved Housing Bodies) Act 2019 outlines the eligibility criteria for Approved Housing Bodies.

All organisations must meet the eligibility criteria as set out in the Act.

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 should review their ability to meet the eligibility requirements as set out below.

Eligibility is a critical component of the registration framework. It is a pre-requisite to the application for registration and is linked to multiple aspects of the Act.

AHBRA will conduct a preliminary eligibility test with organisations when they contact AHBRA prior to making an application for registration

In order for an AHB to meet the eligibility criteria it must ensure that it meets the following criteria:

    1. An AHB must be one of the required types of organisation and have the required number of directors or trustees.
  2. And
    1. An AHB must include in its constitution the required primary object(s) and provisions outlined in the act.

  1. Organisation types

      1. It is a company that is either a company limited by guarantee or a designated activity company with at least 5 directors
      2. It is a registered society
      3. It is a friendly society (within the meaning of the Friendly Societies Acts 1896 to 2018), or
      4. It is a registered charitable trust with at least 5 trustees

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

  1. AHB Constitution

  1. An AHB’s constitution must contain either or both of the following as its primary object(s):
            1. The provision of dwellings for the purpose of the alleviation of housing need
            2. The management of dwellings provided for the purpose of the alleviation of housing needs, whether or not it provides those dwellings
  1. And the following provisions:
            1. The prohibition of the distribution of any surplus, profit, bonus or dividend to members or directors or other persons.
            2. 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.

Registration

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