- 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:
- The address and title or other identifying particulars of any land of which the registered agency is a registered proprietor (Owned assets).
- 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).
- 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).
- 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
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.
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.
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.
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* |
|
Disposal date |
|
Unit/floor number |
|
Street number* |
|
Street name* |
|
Suburb* |
|
State* |
|
Postcode* |
|
Country* |
|
LGA* |
|
Housing type* |
Selected via a picklist:
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:
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? |
|
Number of bedrooms* |
|
Rooming house – rooms |
|
Rooming house - units |
|
Number of tenancies at capacity* |
|
Agency owns property?* |
|
Registered owner* |
|
DOH interest?* |
|
Tenancy agreement or licence? |
|
Managed by another registered agency |
|
Managing agency |
|
Volume |
|
Folio | |
HiiP identifier |
|
Comments |
|
* Mandatory fields