Timelines for Commencement
The powers and functions of the AHBRA will be commenced on a phased basis and it is anticipated that all aspects relating to Registration and Application to Register will be commenced in early 2022.
Following commencement, the AHBRA will publish a registration framework, including process and procedures pertaining to demonstrating eligibility and the process and procedures to apply for Registration.
New organisations wishing to apply for AHB Status
An organisation wishing to become an Approved Housing Body must
- meet the Eligibility Criteria
- make an Application to Register
Section 25 of the Housing (Regulation of Approved Housing Bodies) Act 2019 outlines the eligibility criteria that an Approved Housing Body is required to meet in order to register.
An AHB will be eligible to register if:
- It is a company that is either a company limited by guarantee or a designated activities company with at least 5 directors
- It is a registered society
- It is a friendly society (within the meaning of the Friendly Societies Acts 1896 to 2018)
- It is a registered charitable trust with at least 5 trustees
And includes in its constitution:
Either or both of the following as its primary objects:
- 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
And the following provisions:
- The prohibition of the distribution of any surplus, profit, bonus or dividend to members or directors, and
- A requirement that all of its property be applied solely in furtherance of its primary objects, except for money spent in the operation and maintenance of the AHB, including staffing.
Application for Registration
A person who meets the eligibility criteria and seeks to register as an AHB is required to make an application for registration to the Regulator.
Section 27 of the Housing (Regulation of Approved Housing Bodies) Act 2019 outlines the application for registration. An organisation must make an application to register to the Regulator. The application for registration is the same for organisations wishing to apply to register, moving from deemed status, or an organisation wishing to register as a new AHB.
The application shall include the following minimum information:
- The name of the applicant
- The principal place of business in the State of the applicant
- The names of addresses of the directors, management committee members and /or trustees
- The skills and expertise of directors, members and/or trustees relevant to the organisation’s primary object or primary objects
- A current tax clearance certificate
- Details of the activities that the applicant carries on or intends to undertake
- Audited accounts and auditor’s report in respect of the financial year immediately preceding the application or if the applicant was established in the 12 months preceding the application, then it must provide copies all accounts since its formation
- Where an organisation is providing or managing dwellings on the date of the application, details of
- the number of dwellings
- owned or leased
- duration of leases
- A copy of the applicant’s constitution.
The above list is not exhaustive, and the Regulator can request any other information that it reasonably requires to perform its functions.
Process and procedures for new applicants
The AHBRA will publish its process and procedures for new applications following the commencement of the associated sections of the Act. For any queries, please contact email@example.com.