We want to create a new supported living service in Wales. How will it differ from England?

The key stages for delivering supported living schemes in Wales are broadly the same as in England; you still need local council support; SSH design requirements are similar; and, exempt rent structures and levels are similar.

However, there are a few differences to be aware of:

• Tenancy law is different. Since 2022 the Renting Homes (Wales) Act 2016 has replaced tenancies and licences with occupation contracts, and tenants with contract-holders
• Planning is devolved. Policy is set by Planning Policy Wales and Future Wales rather than the NPPF. The process will feel familiar but sits under separate Welsh law
• Housing is regulated by the Social Housing Regulator Team in the Welsh Government
• Care Providers are regulated by the Care Inspectorate Wales
• There is no SDLT, it is replaced by the LTT (Land Transaction Tax). The rates and application are broadly similar

It’s worth noting that the term “Registered Social Landlord” (RSL) is still used in Wales, whilst it has generally been replaced by the term “Registered Provider” in England.

In practical terms as a developer, you’ll see the impact of LTT when you acquire land or property, and references to Welsh Housing Regulation will be included in your lease with your RSL tenant. Your lawyers should be able to advise on that.

If your proposed tenant group is complex individuals, this will be reflected in the regulatory oversight of your selected care provider.

One further point to make is that there seems to be a greater range of local development grants and preferential loans available for SSH developments in Wales. That is worth looking into, depending on where your services are located.