Under most construction contracts, the contractor takes on the ground conditions risk. However, a recent case has demonstrated that the risk can fall on the employer.
The updated guide, [media type="link" id=41], largely restates the most recent TSA guide on disposals. However, the HCA has inserted some further information for PRPs on some specific aspects of the consents. The guide now includes:
- a section on the consent that may be required for disposals to third parties when a provider wishes to fit solar panels or other energy efficiency equipment to its stock;
- a section which enables the HCA to give its consent to disposals by reference to a policy of disposals for vacant dwellings prepared by a PRP. PRPs who intend to dispose of at least 25 vacant dwellings a year should apply to the HCA using form RPCON8 to seek such consent. This will greatly assist those PRPs with significant disposal problems, avoiding the need to apply for consent on each occasion; and
- a power for the HCA to seek information beyond that requested on standard application forms where a PRP makes an application to dispose of a tenanted social dwelling.
The guide also sets out transitional information.
The HCA has noted in the guide that throughout 2012, it intends to review the regulatory framework to clarify the expectations and approach to the regulation of profit-making PRPs.
Overall, the updated guide should not, in practice, make a great deal of difference to the way that PRPs dispose of stock. However, PRPs should ensure that they refer to the revised guide and RPCON forms when considering making a disposal where consent may be required.
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The UK Government has been consulting on how it should promote social value in its procurements. Here is our response that we submitted to the consultation...
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