22  Availability and Performance Standards

As stated above, non-HRA Projects can be viewed as being analogous to SHG funded housing provision.  Accordingly, Authorities should base their contractual requirements on the existing regulatory regime governing RSLs or RPs set by the TSA to set and monitor availability and performance standards under the Project Agreement and sector best practice and performance standards (e.g. relevant benchmarked upper quartile standards) and should avoid or minimise the development of bespoke availability and performance standard regimes for adverse procurement timescale, cost and VfM reasons.  

This approach should be looked at by Authorities on a project by project basis with the input of detailed technical advice.  It can have value for money benefits but Authorities need to consider if the standards to be set with reference to the regulatory regime and sector standards will deliver the standards it requires.  Such an approach is likely to work better for performance standards than availability standards (given Authorities tend to have their own unique requirements in respect of new build) and may be more relevant for a general needs housing project.  Authorities are more likely to set their own bespoke availability and performance standards on extra care schemes where it is less appropriate to rely solely upon the standards set by the regulatory regime.

Authorities should, however, avoid developing availability or performance standards that unreasonably exceed HCA and TSA guidance and requirements and RSL norms.  Excessive availability and performance standards may impact adversely on VfM and will not be supported by CLG/HCA including in respect of PFI credit support.

The definitions in HPP relating to Availability Standards will need to be amended to reflect the standards being used by the Authority on its own particular scheme.

The TSA regulatory regime and requirements will still be of wider reference for non-HRA Projects and in their Project Agreements.