Housing & Charities Law Legal Services

Insights Charity and Not-for-Profit

Charities Regulator Consent for Property Transactions – When and How?

Obtaining Charities Regulator consent for transfers of charity property is a critical step that can influence the entire transaction. Missteps…

23/10/24

Housing Charity and Not-for-Profit

We assist Approved Housing Bodies and other housing associations with their charity law, legal structure, governance and compliance needs.

In addition to regulation by the Charities Regulator this cohort of charities are also subject to parallel regulation by the new Approved Housing Body Regulatory Authority (the AHBRA) as well as having to meet the requirements of the HSE and/or Local Authorities if in receipt of their funding.

The types of instructions that we have assisted housing clients with include registration as a charity, compliance matters relating to registration with the AHBRA, legal structure issues (including the establishment of joint venture entities for new projects) and compliance generally.

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Legal structure and corporate governance advices and training
Advices on mergers, restructures and arrangements with other organisations
Registering charities with the Charities Regulator and assisting them to apply for a charitable tax exemption from the Revenue Commissioners
Drafting and advising on board policies and procedures
Assisting with compliance with the Charities Regulator’s guidance and policies and the Charities Governance Code
Supporting housing bodies to respond to Concerns raised by the Charities Regulator
Advices on best practice and legal requirements relating to fundraising and restricted funds
Advices on obtaining grant funding and other finance, and
Advising housing bodies on their establishment and dissolution

We represent Allied Irish Banks, p.l.c. in advancing funds to iCare, a not-for-profit AHB. This included the proposed acquisition of multiple hundreds of residential properties under the Mortgage to Rent Scheme and availing of public funding from the DHPLG through the Capital Advance Leasing Facility (CALF) and associated payment and availability arrangement designed exclusively for AHBs.

We also represent Allied Irish Banks, p.l.c. in advancing funds to a vehicle backed by a commercial, real estate fund in respect of its proposed acquisition of multiple thousands of residential properties under the Mortgage to Rent Scheme and availing of public funding from the DHPLG through the Enhanced Long Term Social Housing Leasing Scheme (Enhanced Leasing) targeted at investors.

We are acting for multiple domestic and international pension, wealth funds and institutional investors in acquiring large portfolios of both one-off and multi-unit residential properties and simultaneously availing of public funding from the DHPLG through the CALF and Enhanced Leasing Scheme.

We are representing developers, investors and private equity firms regarding joint venture arrangements conducive to delivering social housing projects and transacting units opposite local authorities, the HFA and the HA for social housing supply.

We act for a significant number of large developers of residential property schemes (new, unfinished and completed) in devising the legal schemes for developments including estate management structures and disposing of bulk properties to local authorities, the HA and AHBs as part of statutory planning obligations and otherwise.

We represent many of the larger AHBs in Ireland building, buying and leasing property for social housing purposes and availing of DHPLG CALF funding.

We have experience in acting for entities leasing units from the National Asset Management Agency’s special purpose National Asset Residential Property Services (NARPS) vehicle.