Section 181: Interpretation: "publicly funded"

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

Part 2: Regulation of Social Housing — Chapter 5: Disposal of propertyby private registered providers

The provision of a dwelling was publicly funded if any of the following conditions is satisfied.

Condition 1 is that—

the dwelling was provided by a person in fulfilment of a condition imposed by the HCA when giving assistance to the person, and
before giving the assistance the HCA notified the person that if it did so the provision of the dwelling would be regarded as publicly funded.

Condition 2 is that—

the dwelling was provided wholly or partly by a person using an amount for purposes for which the amount was required to be used by an HCA direction under section 32(4), and
before giving the direction the HCA notified the person that any dwelling so provided would be regarded as publicly funded.

Condition 3 is that the dwelling was provided wholly or partly by using sums in the disposal proceeds fund of—

a private registered provider, or
a registered social landlord.

In relation to a private registered provider, the reference in subsection (3) to its disposal proceeds fund is to its disposal proceeds fund before the abolition of that fund by Part 3 of Schedule 4 to the Housing and Planning Act 2016.

Condition 4 is that —

the dwelling was acquired by a private registered provider, or a registered social landlord, on a disposal by a public sector landlord,
the disposal was made on or after 1st April 1997, and
at the time of the disposal the dwelling was capable of being let as a separate dwelling.

Condition 4 is not satisfied if the dwelling was acquired in pursuance of a contract made, or option created, before 1st April 1997.

Condition 5 is that—

the dwelling was provided wholly or partly by means of a grant under section 18 or 27A of the Housing Act 1996 (c. 52), and
when the grant was made the recipient was notified by the Welsh Ministers that the dwelling was to be regarded as funded by means of such a grant.

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