The representatives of housing associations in England, Scotland, Wales and Northern Ireland have warned the government that a European Commission ruling threatens investment in social housing.
Onerous new European regulations will frustrate efforts to boost affordable housing supply through efficiency gains in the sector, says the National Housing Federation.
The ruling would force the UK’s 2000 plus housing associations, housing approximately 3.6 million people, to put service contracts out for tender across the entire European Union (EU) after a long-running dispute between the UK and Brussels.
The four representative bodies for housing associations in the UK have appealed in a joint letter to the Chancellor to fight the decision in the European Court of Justice if necessary, rather than accepting the commission’s controversial ruling that has been subject of negotiations over the past three years.
At present, public bodies, such as local authorities, are subject to EU procurement rules obliging them to advertise and accept tenders for public service contracts from across Europe, in an often time-consuming and overly bureaucratic process. The new Commission decision rules that independent, not-for-profit housing associations should also be regarded as public bodies, on the basis they are “bodies governed by public law” and must obey the same rules.
The group disputes the Commission’s decision and claims it will:
They are calling upon the government to mount a legal challenge to ensure that associations are not forced to follow EU procurement rules, after the government looks likely to back down after three years of protracted negotiations and accept the Commission’s ruling.
The threat to the independence of the not-for-profit housing sector is of particular concern. As independent bodies, housing associations are able to raise billions of pounds of private finance each year for investment in new and existing social housing stock.
English housing associations, for example, have raised £27,000 million since 1989. This borrowing forms no part of the Public Sector Borrowing Requirement (PSBR) and is one of the preferred methods by which the government intends to meet its commitment to bring all social housing up to a decent standard by 2010.
Any change to the status of housing associations could affect their ability to raise investment and jeopardise numerous strands of the government’s housing policy.