Section 115: Profit-making and non-profit organisations

Housing and Regeneration Act 2008 · 2008 c. 17View on legislation.gov.uk

Part 2: Regulation of Social Housing — Chapter 3: Registration

Each entry in the register shall designate the body registered as either—

a non-profit organisation, or
a profit-making organisation.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

A body is a non-profit organisation if—

it is a registered or non-registrable charity and satisfies Conditions 1 and 2, or
otherwise, it satisfies Conditions 1 to 3.

Condition 1 is that the body—

does not trade for profit, ...
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Condition 2 is that a purpose of the body is the provision or management of housing.

Condition 3 is that any other purposes of the body are connected with or incidental to the provision of housing.

The fact that a body is prohibited by its constitution from trading for profit does not, of itself, mean that it is a body which does not trade for profit for the purposes of subsection (4)(a).

The Secretary of State may make regulations providing that a specified purpose is to be, or not to be, treated as connected with or incidental to the provision of housing.

A body which is not a non-profit organisation under subsection ... (3) is a profit-making organisation.

If the regulator thinks that what was a profit-making organisation has become a non-profit organisation or vice versa, the regulator must change the registered designation accordingly and notify the body it has done so.

Subsection (1) does not apply to the entry of a local authority in the register (and, accordingly, references to "profit-making" and "non-profit" in connection with a registered provider do not refer to a local authority).

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Reuse reviewed 21 August 2026 under Open Government Licence v3.0.