Author:
Department of Treasury and Finance
Date:
20 Oct 2021

Purpose

This Guidance clarifies the types of assets required to be reported to the Housing Registrar for inclusion on the Register in accordance with the Housing Act 1983 (Vic) (the Act).

Assets to be reported

Under section 89 of the Act, the Registrar must establish a Register. Item 3 of Part 1 Schedule 8 of the Act sets out the asset-related information to be included in the Register as follows:

  1. The address and title or other identifying particulars of any land of which the registered agency is a registered proprietor (Owned assets).
  2. The address, title or other identifying particulars and name of the registered proprietor of any land over which the registered agency holds a lease, tenancy agreement or licence of more than 3 years' duration and in which the Director has an interest, a copy of the lease, tenancy agreement or licence, and the date of the lease, tenancy agreement or licence (Assets in which the Director of Housing has an interest).
  3. The address, title or other identifying particulars and name of the registered proprietor of any land at which the registered agency provides housing services to the public (Housing services assets).
  4. Each declaration made by a registered agency under section 81(6) and 106(c) of the Act (Trustee declarations).

Note: 'Land' includes buildings and other structures, land covered with water and any interest (including any leasehold interest), easement or right in or over land.

This guidance addresses the reporting requirements for each asset type.

Owned assets

Assets under Schedule 8, Part 1, item 3(1) are those owned by the registered agency and includes (but is not limited to):

  • Assets provided under market rent and affordable housing
  • Assets located in another jurisdiction
  • Assets held by the registered agency as trustee for a trust
Housing assets owned by a wholly owned, non-registered subsidiary of the registered agency are not required to be included on the Register (unless they fall within the other categories). This is because the registered agency is not the registered proprietor of the asset.

Assets in which the Director of Housing has an interest

Assets under Schedule 8, Part 1, item 3(2) are those where:

  • the registered agency holds a lease, tenancy agreement or licence;
  • the lease, agreement or licence is more than three years; and
  • the Director of Housing (Director) holds an interest in the property.

The Director is considered to hold a legal or financial interest in the property if:

  • the Director is recorded on the title as the registered proprietor, mortgagee, or caveat holder; or
  • the Director has declared by notice published in the Government Gazette to be land to which section 107 of the Act applies (s 107(1)).

The Director may publish a notice under section 107(1) if:

  • the Director and the registered agency have agreed in writing that section 107 should apply to the land because it has been purchased or developed with funds provided by the Director; or
  • the land was transferred to the rental housing agency by the Director.
For these assets, registered agencies must provide the Housing Registrar with a copy of the lease, tenancy agreement or licence, and the date of the lease, tenancy agreement or licence. Copies of these agreements may be provided via upload to the agency’s Community Housing Information Management and Engagement System (CHiMES) library.

Housing services assets

Assets under Schedule 8, Part 1, item 3(3) are those where the registered agency provides housing services to the public. Registered agencies should note that this covers any land at which the agency provides housing services to the public, including properties let at income-based, discounted market and market rents.

These assets are recognised at the time when the registered agency commences providing housing services, and includes any periods of maintenance or cleaning before a tenant moves into a property.

Registered agency offices are not considered by the Housing Registrar to be housing services assets as tenants are not housed at these properties. As such, they are not required to be reported as an asset but should instead be recorded in the agency profile in CHiMES under Locations/Offices.

Trustee declarations

Registered agencies may not act as a trustee for any person (other than a registered agency) in relation to any land or other assets unless this has been approved by the Registrar under section 82(1).

Registered agencies are required to include in their annual reporting to the Registrar that they do not act as a trustee for any person (other than a registered agency) in relation to any land or other assets (s 106(1)(c)). A declaration must also be made when a housing agency is applying for registration (s 81(6)).This reflects the requirement in the Act that trustee agencies must not be registered (and already registered agencies must not take on trustee obligations) unless the Registrar is satisfied that the role of trustee will not adversely affect the ability of the agency to comply with the prescribed registration criteria and performance standards.

Such declarations must be included in the Register in accordance with Schedule 8. The Office of the Housing Registrar maintains these declarations in the Register – no additional action is required from registered agencies outside annual reporting.

Reporting requirements

Under section 91 of the Act, registered agencies must notify the Registrar in writing within 14 days if there is any change to information recorded in the Register of Housing Agencies.

Registered agencies should notify the Housing Registrar of any such changes by updating the asset list in CHiMES.

Instructions for updating the asset list in CHiMES may be found in the CHiMES user manual available from your CHiMES agency home page.

Guidelines for entering asset data in the CHiMES asset list

When entering asset data into CHiMES, please note:

  • All fields must be completed where the information is known. It is acknowledged that some agencies managing Director of Housing (DoH) properties may not have Volume and Folio title details. In this title details may be left blank.
  • For Yes/No fields please spell "Yes" or "No"; do not use the abbreviations Y or N.
  • For properties that are owned by the DoH please enter “Director of Housing” in the registered proprietor column, not OoH, DoH, DHS etc.
  • Complete both the unit number and street number columns when listing flats or units.
  • Properties should either have a lot number or a street number, not both
  • Vacant land owned by the agency should be entered in the list with 0 in the “number of tenancies at capacity” column and the date of acquisition of the land listed. When the land is developed the listing should be updated and the date of acquisition changed to reflect the date on which the new tenancy units became tenantable.
  • Properties that are disposed of must have a “disposal date” entered and will remain in the list

List units/flats on separate rows, for example:

Correct

Unit or floor number Street number Street name Suburb Postcode
1 67 Brown Street Collingwood 3066
2 67 Brown Street Collingwood 3066
3 67 Brown Street Collingwood 3066

Incorrect

Unit or floor number Street number Street name Suburb Postcode
1-3 67 Brown Street Collingwood 3066

CHiMES asset list fields

Acquisition date*
  • The date on which the registered agency acquired the property (through construction, purchase, lease or transfer)
Disposal date
  • The date on which the registered agency disposed of the property (through sale, demolition, hand back, end of lease)
Unit/floor number
  • Each unit in a complex or block should be listed in a separate row (e.g., not 1 – 5 in one row)
  • No Lot numbers – these should be entered in the street number field
Street number*
  • Street numbers should be listed separately (e.g. not 1 – 5 in one row)
  • If land has a lot number it should be listed here
  • Do not include the unit/floor number in this field
Street name*
  • Ensure correct spelling
  • Spell out the street type (Street not St)
Suburb*
  • Selected via a picklist
State*
  • Selected via a picklist
Postcode*
  • Selected via a picklist
Country*
  • No abbreviations. (Australia, not Aus)
LGA*
Housing type*

Selected via a picklist:

  • Long term
  • Rooming house
  • Group housing
  • THM (transitional housing)
  • Crisis
  • SDA (Specialist Disability Accommodation)
  • Land

Note: Offices are no longer required to be recorded in the CHiMES asset list. These should instead be recorded in the agency profile under Locations/Offices.

Definitions:

Long-term housing: Rental housing that is intended to be provided for an indefinite period or a period of one or more years.

Rooming house: A rooming house is a building (other than Specialist Disability Accommodation) where:

  • four or more unrelated residents can independently rent rooms; and
  • access shared bathrooms, toilets or kitchens; or
  • there are one or more self-contained apartments; or
  • a declaration has been made by the Minister for Housing declaring the building to be a rooming house.

Rooming houses are predominantly long-term housing.

Transitional Housing Management (THM): THM is supported short-term accommodation (generally up to 12 months) designed to help people move to more permanent housing in public housing, community housing, or the private rental market.

Housing services provided at property?
  • Yes or No
  • The Housing Registrar has adopted a broad definition of “housing services” as any land at which the registered agency provides housing services to the public including properties let at income-based, discounted market and market rents
Number of bedrooms*
  • For rooming houses, the number of bedrooms will generally be the same as the number of tenancies, unless any units have 2 bedrooms
  • For bedsits, please enter 1 for number of bedrooms
Rooming house – rooms
  • Enter the number of rooms in the rooming house. Definition as per the NAHA survey - a bedroom that is not self-contained, and usually shares a common kitchen and/or bathroom. Boarding house bedrooms are usually accessed via a common entrance such as a foyer or hallway
Rooming house - units
  • Enter the number of units in the rooming house. Definition as per the NAHA survey - a self-contained unit with separate cooking, bathroom and toilet facilities. Boarding house units are usually accessed via a common entrance such as a foyer or hallway
Number of tenancies at capacity*
  • Enter the maximum number of tenancies usually admitted at the dwelling when it is full
  • For THM properties, list the number of tenancies at capacity as at 30 June (this will need to be reviewed and updated as required every year)
  • For land or properties that are currently being redeveloped enter 0
Agency owns property?*
  • Yes or No
  • Indicate whether or not the registered agency owns the property
Registered owner*
  • Must be the full name of the registered proprietor on title (not Yes or No)
  • Provide the name of the owner in full, please do not use abbreviations
  • If DoH owned the entry should read “Director of Housing”
  • For properties leased by the Director enter “Director of Housing – lease”
DOH interest?*
  • Yes or No
  • This includes a legal or financial interest, usually secured by a contract, caveat or mortgage.
Tenancy agreement or licence?
  • Yes or No
  • Indicate whether the agency holds a lease, tenancy agreement or licence of more than 3 years duration over the property, e.g. General lease. The date of the lease or agreement can be listed in the comments field.
Note: a copy of the relevant lease or agreement must be provided to the Housing Registrar via upload to the agency’s CHiMES library
Managed by another registered agency
  • Yes or No
  • Select Yes if the property is managed by another agency registered under the Housing Act 1983
Managing agency
  • Use this field if the property is being managed by another agency registered under the Housing Act 1983 (“Yes” in the previous field)
  • Selected via a picklist
Volume
  • If the agency or any party other than DoH owns the property, details must be provided
  • If DoH owns the property and these details are not known, they do not have to be provided
Folio
HiiP identifier
  • The unique identifier for this property used in the Department of Fairness, Families and Housing’s HiiP system (if known)
Comments
  • Include any notes about the property

* Mandatory fields