The draft supported housing licensing regulations, in plain English

On 15 October 2026 the government housing department (MHCLG) published the draft Supported Housing (Licensing) (England) Regulations 2027 (opens in a new tab). These are the detailed rules for licensing supported exempt accommodation in England. The government is asking for views on them until 10 December 2026 (consultation page (opens in a new tab)).

What this means for you: this is the first time we can read the actual rules. They are a draft. They are not law yet, and they can still change. But they show what councils will ask for, so they are worth preparing for now.

Are the draft regulations law yet?

Everything on this page from the draft is Proposed: what this meansProposedAn idea in a consultation or a draft. We show it, but it never changes your score.: it is in a draft, not law yet. Some of it repeats what the government already decided in its response of 16 April 2026 (opens in a new tab), for example a five-year licence and a needs assessment within four weeks. Those points are firmer. The new detail, such as the exact list of documents, could change after the consultation.

• Now: the consultation is open. It closes at 11:59pm on 10 December 2026.
• Next: the government reads the responses and may change the draft. It will also publish draft guidance for councils and providers. Then the regulations go to Parliament. Both Houses of Parliament must approve them before they become law.
• Start date: the draft says the regulations come into force on a date in 2027, but the date is left blank. The government plans to name every council area for licensing at once. Councils would then get at least six months to set up. After that, there is a transition period of three months before running without a licence becomes an offence.

Separately, the Supported Housing Advisory Panel (opens in a new tab) published its first advice to ministers on 23 October 2026. It makes 31 recommendations on residents’ voice, licensing and the supply of supported housing. It is advice to the government, not law.

Who needs a licence?

The draft covers supported exempt accommodation in England. This is supported housing where Housing Benefit pays the rent and residents also get care, support or supervision. It uses the same definition as the Housing Benefit rules.

The person who has control of the supported housing, or who manages it, must hold a licence from the council for that area (regulation 8). This can be a landlord or a managing agent. If more than one person controls or manages the housing, the council must be satisfied the licence goes to “the most appropriate person” of them. The council must also take reasonable steps to make sure everyone who needs a licence applies.

Who is exempt?

Schedule 1 of the draft lists six types of supported housing that do not need a licence:

• low-cost rented housing for people aged 55 or over, from a registered social housing provider, which is offered only with care and support to people who need it, and is designed, adapted or set aside for them
• almshouses run by an almshouse charity
• supported housing provided by the council itself (the housing council or the social services council)
• short-term housing provided or commissioned by the Ministry of Justice for people charged with or convicted of an offence
• housing commissioned by the council for people aged 25 or under, where at least one bed space is Ofsted-regulated supported accommodation
• domestic abuse safe accommodation, such as refuges, as defined in the Domestic Abuse Act 2021

An exemption is not automatic. You must apply to the council in writing for a notice that confirms it (regulation 9). If the council refuses, you can appeal. If your housing stops fitting the exemption, you must tell the council, and then apply for a licence.

What must a licence application contain?

You apply in writing to the council for the area where the housing is, and sign the application (regulation 11). It must include:

• the name, address, phone number and email address of the applicant, the proposed licence holder, the service manager and, for an organisation or partnership, the nominated individual
• the address of each property, the types of supported housing, and the number and type of homes
• any HMO licence (a licence for a house in multiple occupation) on the housing, and the date it ends
• if you provide care: who provides it, and confirmation that they are registered with the Care Quality Commission (CQC)
• any banning order against the proposed licence holder, service manager or nominated individual
• a signed statement that the information is complete and correct, and that you know about the offences in the Fraud Act 2006
• the date, and the application fee

If something is missing, the application is not valid. The council must tell you why. The council can also ask you for more information.

How does the council decide?

The council must grant the licence if it is satisfied that (regulation 12):

• the housing meets the National Supported Housing Standards and the housing standards that apply to it
• there is no enforcement action on a Category 1 hazard (the most serious kind of hazard in a home)
• the proposed licence holder is fit and proper, and is the most appropriate person to hold the licence
• the service manager works for or on behalf of the person in control, and has the character, capacity, experience and skills for the number, type and spread of the homes
• an organisation or partnership has named a suitable nominated individual
• the management arrangements are otherwise satisfactory

The council must look at what other councils, Ofsted and the CQC know about you. If only some of your homes pass, the council must ask whether you want a licence for just those homes. It must tell you its decision within five days of making it. A refusal must give reasons and explain the effect on residents’ Housing Benefit. The council also sends the list of refused properties to the Housing Benefit team.

What is the fit and proper person test?

The test checks that the people in charge are suitable to run housing for people who may be vulnerable (regulation 14). A person must:

• have integrity and good character
• be mentally and physically fit, and financially fit, to run supported housing
• not have caused, or helped to cause, serious misconduct or mismanagement in supported housing
• give full and satisfactory information about themselves

The information the draft asks for is:

• proof of identity, with a recent photo
• two written references, one from the most recent employer if there is one
• a full work history, with any gaps explained in writing
• evidence of any relevant qualifications
• if they worked with children or vulnerable adults before, why that job ended
• where it applies, a criminal record certificate. If the housing includes personal or social care for vulnerable people, an enhanced criminal record certificate.

Schedule 2 lists things that make a person unfit: bankruptcy or other insolvency that is not discharged, a debt relief order, a conviction under these regulations, a banning order, or being on the children’s or adults’ barred list. Which grounds apply depends on the person’s role. For an organisation, each director involved in running the housing must pass. For a partnership, each partner must pass.

Who are the nominated individual and the service manager?

The nominated individual (regulation 15). If the licence holder is an organisation or a partnership, it names one director or partner as its single point of contact for the council. That person must pass the fit and proper test, have the skills and experience to represent the organisation, and keep up their training. There must always be a nominated individual. If the person changes, you must tell the council in writing within 14 days.

The service manager is the person who will manage the supported housing. It must be the person in control, or someone who works for them or acts for them. The licence names the service manager. You can only change the service manager, or appoint a new one, after the council approves it.

What are the licence conditions?

Every licence carries the same conditions, set out in Schedule 3. In short:

• The licence holder. The licence is personal to you and cannot be passed on. You, and each director or partner, must stay fit and proper at all times.
• People. You must stay satisfied that the service manager is suitable. An organisation must always have a nominated individual.
• What it covers. The licence covers only the housing listed on it. You need approval before you change the type of housing, the directors or the people in control.
• Standards. The housing must meet the housing standards and the National Supported Housing Standards. This does not apply to housing the council itself commissions.
• The building. It must be safe, well maintained (with shared areas cleaned regularly) and accessible for the residents. Outside social housing, there must be no enforcement action on a Category 1 hazard.
• Needs assessment. Each resident’s needs must be assessed “no later than 4 weeks” after they move in, by a suitably skilled person, following the National Standards.
• Care and support. Any care must come from a provider registered with the CQC. Any other support or supervision must meet the National Standards.
• Fees. You must pay the annual fee within 14 days of being told about it.

A licence lasts five years (regulation 17). Some changes need approval first (a variation): a new licence holder, new directors or people in control, a new service manager, or more than five units added or removed. You report smaller changes, such as five units or fewer, to the council after you make them.

How much will a licence cost?

Each council sets its own fees. The draft sets no national amount. Councils must charge an application fee (also for a variation) and an annual fee (regulation 10). Over time, the fees should cover the council’s costs of running licensing. A council must send its proposed fees to the government at least three weeks before it publishes them, and publish them on its website at least seven days before they start.

How will councils enforce licensing?

If the council thinks you have broken a condition, the draft sets out these steps (regulation 24):

1. an information notice (a request for facts), or a warning notice that gives you up to three months to fix the problem
2. if you do not agree or do not fix it, an improvement notice with up to three more months. It can come with a fine of up to £7,000.
3. if you still do not comply, a fine of up to £40,000

The council can also enter the housing to inspect it, after giving the licence holder and residents at least 24 hours’ notice (regulation 25).

Taking a licence away. The council must revoke the licence if the holder is no longer fit and proper. It may revoke it for other reasons, such as serious or repeated breaches, or not following an improvement notice. You get 28 days to give your side first (regulation 23).

Offences. It would be an offence to run supported housing without a licence, to break a licence condition, to run a type of housing your licence does not cover, or to rely on an exemption that no longer applies (regulation 26). Giving false information is also an offence. Directors can be personally liable. The council can prosecute or give a financial penalty instead, but not both. The offences are added to the rules on banning orders and rent repayment orders. If a landlord is convicted, the most rent a tribunal can set for its supported housing is 80% of the normal amount. If you are charged with running without a licence, it is a defence that you had a valid application waiting for a decision.

Appeals. You can appeal most decisions to the First-tier Tribunal within 28 days (regulations 32 and 33). There is no appeal against a refused application if the proposed licence holder has a banning order.

Public record. Each council must publish the name and address of every licence holder, the date of the licence, and every revocation with its reason (regulation 31).

What if I already run supported housing?

• If you apply during the transition period and the council is not yet satisfied, it must not refuse you straight away. It must send a deficiency notice that says what to improve, with up to three months to do it (regulation 37).
• If you hold an HMO licence for the housing, you do not need a supported housing licence until that HMO licence ends or changes (regulation 36). Once you hold a supported housing licence, you do not also need an HMO licence for that housing (regulation 35).

What should I do now?

1. Write down who owns, leases, manages, supports and commissions each home. This shows who is likely to hold the licence.
2. Check whether any home could be exempt. If so, be ready to apply for an exemption.
3. If you are an organisation, choose your nominated individual and record the decision in a board minute.
4. Name a service manager, and keep evidence of their character, capacity, experience and skills.
5. Collect the fit and proper information for each director: proof of identity, references, work history, qualifications and criminal record certificates.
6. Make sure every resident has a needs assessment no later than four weeks after moving in.
7. Keep gas, electrical and fire safety records in date, and fix any serious hazards.
8. Check your support against the National Supported Housing Standards.
9. List any HMO licences and when they end, and any CQC registration for care.
10. Respond to the consultation before 10 December 2026 if a rule would cause you a problem.

How do I respond to the consultation?

Anyone can respond: providers, landlords, managing agents, councils, residents and others. The consultation asks 19 questions. Most ask whether you agree with a part of the draft, and why.

• Online: use the online response form (opens in a new tab).
• By email or post: the addresses are on the consultation page (opens in a new tab). Say which questions you are answering.
• Say who you are: the government asks you to say whether you reply for yourself or an organisation, your region, and (for providers) how many bed spaces you own or manage.
• Keep it specific: explain how a rule would work for your homes and residents. Do not include residents’ personal details.

Read the consultation document (opens in a new tab) and the draft regulations (opens in a new tab) together. For what was decided before the draft, see supported housing licensing in 2027 or 2028.