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Housing Development Fund: Presentation of Report to the States outlining Cost/Benefit Analysis P.61/2010

A formal published “Ministerial Decision” is required as a record of the decision of a Minister (or an Assistant Minister where they have delegated authority) as they exercise their responsibilities and powers.

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The Freedom of Information Law (Jersey) Law 2011 is used as a guide when determining what information is be published. While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.

A decision made on 11 March 2011:

Decision Reference:  MD-TR-2011-0032

Decision Summary Title:

Housing Development Fund cost/benefit analysis

Date of Decision Summary:

11 March 2011

Decision Summary Author:

Deputy Treasurer of the States

Decision Summary:

Public or Exempt?

Public

Type of Report:

Oral or Written?

Written

Person Giving

Oral Report:

N/A

Written Report

Title:

Housing Development Fund cost/benefit analysis

Date of Written Report:

11 March 2011

Written Report Author:

Head of Treasury Policy and Compliance

Written Report :

Public or Exempt?

Public

Subject:  Housing Development Fund cost/benefit analysis.

Decision(s):

The Minister decided to present a report outlining a cost/benefit analysis of the Housing Development Fund as a result of the States decision approving P61/2010 Housing Development Fund: Cost/Benefit analysis.

Reason(s) for Decision:  

P61/2010 Housing Development Fund: Cost/Benefit analysis requested the Minister for Treasury and Resources to present a report to the States outlining a Cost/Benefit analysis of the Housing Development Fund.

Resource Implications:

None.

Action required:

The Greffier of the States is requested to present the attached report to the States at the earliest opportunity.

Signature:

 

 

 

 

Position: Senator  P F C Ozouf, Minister for Treasury and Resources

Date Signed:

 

Date of Decision:

Housing Development Fund: Presentation of Report to the States outlining Cost/Benefit Analysis P.61/2010

Report for Proposition P61/2010 – cont

 

 

 

Housing Development Fund cost/benefit analysis Report for Proposition P61/2010

 

Housing Development Fund

 

 

The following report is presented in response to P61/2010.

 

1. Background

 

The Housing Development Fund (“HDF”) came into existencewas created in 2000 and initially the Finance and Economic Committee and now the Treasurer of the States is accountable foto support the development of social housing in the island.r its financial affairs. 

 

2. The Aim of tThe Housing Development Fund

 

The Housing Development Fund’s purpose is:

 

‘To help meet the requirements for the development of social rented and first time buyer homes as identified in the ‘Planning for Homes’ report (RC10/99), which was in updated December 2006 (RC 94/2006) and subsequent strategic reports, primarily in the urban area, to a good standard and specification at a reasonable cost’

 

The Scope of the HDF Scheme is:

 

The HDF Housing Development Fund  does not fund the whole cost of a housing scheme, but provides the Housing Committee with bridging finance to develop properties for onward sale.  The scheme bears the cost of land acquisition and development which is then recovered on the disposal of completed sites.

 

The HDFHousing Development Fund  provides a mechanism for funding housing developments undertaken by the States, as well as providing subsidies (where necessary) for developments undertaken by other providers of social rented housing (such as Housing Associations) and, if necessary, for certain private sector ‘first time buyer schemes’.  In the case of first time buyer properties it provides an interest subsidy to enable the cost of the scheme to be repaid from its rental stream or sales receipts.  The States approved P74/99 and P84/99 on 7 July 1999 and thereby the creation of the HDF Housing Development Fund  to be administered by the former Finance and Economic Committee. 

 

The Housing Development Fund provides interest subsidy for those Housing Trust properties acquired under the former Housing Development Scheme Account and supports the development of social rented housing on rezoned sites by capping the interest liability of Housing Trusts to a maximum of 6%.”


3. Housing Development Fund Accounts

 

Detailed Financial Accounts, including an Income and Expenditure Account and Balance Sheet for the HDF Housing Development Fund  are prepared annually and presented as part of the States of Jersey’s Annual Accounts since 2002.  Attached as at Appendix 1, are the relevant pages from the above mentioned accounts dating 2002 to 2009. 

 

Also aAttached as at Appendix 2 is a comprehensive Funds Flow Statement for the HDF Housing Development Fund from 2000 to 2010, detailing the Fund’s receipts, payments and transfers and expenditureover life of the fund. 

 

4. Cost / Benefit Analysis

 

A comprehensive Financial Statement for the Fund from 2000 to 2010, detailing all the Fund’s income, expenditure and transfers is included at Appendix 2.  The following paragraphs consider the funding, benefits and costs of the Housing Development Fund. 

 

The Fund has enabled the provision of significant social housing development including 986 social housing units (1 to 4 bedrooms) and approximately 130 first time buyer properties, by supporting Housing Trusts through development subsidies and the provisions of letters of comfort so they could obtain independent borrowing. 

 

The on-going management and maintenance of these properties is the responsibility of the Housing Trusts and is funded through rental receipts.

 

This has enabled the development of social housing by Housing Trusts without the need for the cost of such developments to be fully and directly funded in advance from the States capital programme. 

 

Attached at Appendix 3 is a schedule of the social housing developments that have been enabled through the Housing Development Fund.

 

The following paragraphs consider the Fund’s main areas of income and expenditure.

 

4.1 Level of Financing from the StatesFunds Received

 

From 2000 to 2010, the HDF Housing Development Fund  had has received voted funds from the States of £51.5million, plus additional fundstransfers of £1.3 million transferred from the Housing Department, which were utilised pursuant to the Scope of the Schemes as explained above.,  resulting in the building / development of 986 social housing units, plus approximately 130 ‘first time buyer’ properties.  The HDFFund also generated approximately £9.5m of income from the assets it had held, including rent, sales receipts and interest. 

 

In 2008, the Minister for Treasury and Resources agreed to rationalise the asset holding of the Housing Development Fund by incorporating into the balance sheet of the Housing Department, those properties performing the function of social rented housing units and to Property Holdings, those sites with potential for redevelopment.  As a consequence, the HDFFund transferred £16.4m of property assets to the Housing Department and Jersey Property Holdings in 2008 at nil value. 

 

 

 

 

4.2 Funds Expended

 

Funds spent from the Housing Development Fund fall into three main categories: development subsidies, interest rate subsidies and costs related to property assets.  In addition, there are interest charges incurred by the fund at various points in time.


Level ofDevelopment Subsidies given to Housing Trust and Associations

 

The HDFFund paid capital development subsidies from 2000 to 2010 equating to £20.2million for to support the development of projects where rental levels awere too low to sustain scheduled loan repayments, for example the project at Le Coie.  A total of 8 pProjects that received such subsidies which are summarisedreported below. 

 

 

£’000

Units

Berkshire Hotel

6,428

113

Cannon Street

1,430

41

Parkside

1,197

19

3/5/7&7a Ann Street

2,392

32

Le Coie

8,355

96

Others

354

 

 

20,156

301

 

 

 

 

 

 

 

 

 

 

Interest subsidies paid, from 2000 to 2010 pursuant to Letters of Comfort issued equate to £12.2m. 

 

Interest Subsidies

 

Interest subsidies paid, from 2000 to 2010 pursuant to Letters of Comfort issued amounted to £12.2m. 

 

Thirty -two Letters of Comfort issued to Banking Institutions dating from 1996 to 2007 are currently in force.  The Letters of Comfort were issued in order for Housing Trusts to access affordable borrowing from financial institutions to build and develop properties.  This enabled the development of social housing without the need for direct funding from the States capital programme. 

 

As at 31 December 2009, total lending of £151.3million had been secured by Housing Trusts supported by States Letters of Comfort.  The Letters of Comfort effectively cap the amount of interest Housing Trusts have to pay to banks by providing financial support for interest charged over and above a set rate.  This means that if interest rates rise above the set rate (effectively 4% or 6%), then the Housing Trust will pay the bank up to the cap (i.e. up to 4% or 6%), and the Housing Development Fund would meet the excess (i.e. >4% or >6%). 

 

The Housing Development Fund’s current balance of £6.0 million is subject to this contingent liability from the Letters of Comfort.  While interest rates remain low, there will be no Interest Subsidies paid.  This can be seen in the Summary Funds Flow Statement.  If interest rates remain low (i.e. below the caps) then no Interest Subsidies would be payable.  Conversely, if interest rates rise above the capped figures then the Fund would have to start paying Interest Subsidies to the Housing Trusts. 

 

The Letters of Comforts are subject to periodic review and the Treasury Department, in conjunction with the Housing Department is currently carrying out a review of all the Letters of Comfort.  If there are no changes to the Letters of Comfort the Fund’s current balance may be fully utilised, and even exceeded by future interest subsidies payable.  Approximately 80% of the lending secured with the Letters of Comfort has over 15 years to run, meaning quantifying the value of this liability with certainty is impossible; the value will be subject to many unknown variables, particularly changing interest rates.

 

Current Fund Balance

 

The HDF hasFund balance, as at 31 December 2010, a net balance of unutilised funds of amounts to circa approximately £6.0 million (subject to audit) and is being held  available to meet future financial commitments relating to letters of comfort only. 

 

Cost / Benefit Overview

 

The HDF has enabled the provision of significant social housing development including 986 units (1 to 4 bedroom accommodations) and approximately 130 first time buyer properties, by given incentives to Housing Trusts so they could obtain independent borrowing.  A benefit for the States not directly building / developing the properties is not to have to create an infrastructure to build, then manage and maintain them.  However, had the States built / developed the properties internally then it would have the fixed assets, i.e. the 986 properties within its portfolio. 

 

It should be noted that the Housing Department and Jersey Properties Holdings are receiving benefits in the form of rents from the properties transferred to them in 2008, which the HDF would have received.  But by not having these assets, the HDF does not have the cost of managing or maintenance them. 

 

 

 

 

 

 

 

Letters of Comfort

 

32 x Letters of Comfort issued to Banking Institutions dating from 1996 to 2007 are currently still in force.  It appears that the form of the Letters of Comfort was initially approved by the Finance and Economic Committee around 1994.  The Letters of Comfort were issued in order for Housing Trusts to procure preferential lending facilities, from financial institutions, to build / develop properties.  This was the preferred option at the time as the potential expenditure far exceeded the States’ capital budget. 

 

As at 31 December 2009, total lending of £151.3million had been secured by various Housing Trusts supported by Letters of Comfort issued.  The Letters of Comfort effectively cap the amount of interest Housing Trusts have to pay to banks by providing financial support for interest charged over and above a fixed rate.  This means that if interest rates rise above the capped rate (effectively 4% or 6%), then the Housing Trust will pay the bank up to the cap (i.e. up to 4% or 6%), and the HDF would meet the excess (i.e. >4% or >6%). 

 

The HDF’s current balance of £6.0million is subject to this contingent liability from the Letters of Comfort.  While interest rates remain low, there will be no Interest Subsidies paid.  This can be seen in the Summary Funds Flow Statement.  If interest rates remain low (i.e. below the caps) then no Interest Subsidies would be payable.  Conversely, if interest rates rise above the capped figures then the HDF would have to start paying Interest Subsidies to the Housing Trusts. 

 

The Letters of Comforts are subject to periodic review and the Treasury Department, in conjunction with the Housing Department is currently carrying out a review of all the Letters of Comfort.  If there are no changes to the Letters of Comfort then this does mean that the HDF’s surplus reserves may be fully utilised, and even exceeded by future Interest Subsidies payable.  Approximately 80% of the lending secured with the Letters of Comfort have over 15 years to run, meaning quantifying the exposure with any certainty is subject to many unknown variables.  It should be noted that if the HDFs surpluses are exhausted, then Interest Subsidies payable would (if necessary) have to be made from States’ resources. 

 

 

The report accompanying P61/2010 raised some specific questions and these are considered below.

 

Question – “The establishment of the Housing Development Fund was done with States approval.  However they were due to develop satisfactory safeguards and a regulatory framework to govern it.  Has this been done? – If not why not? 

 

Answer  The Terms of Reference attached as Appendix 3 outlines the governance arrangements for the HDF. 

 

Question – “Another Question that arises is that the year-on-year spending decision would have been agreed as part of the annual process of approving budget and the annual accounts.  Has this process included satisfactory monitoring procedures? 

 

Answer – Each development proposal funded by the HDF has either a Committee or Ministerial approval. 

 

Question – “Also, now that the Committee structures have been replaced by the Ministerial arrangements, are there sufficient checks and balances in place over the management decisions and operation of significant funds such as the HDF and the associated capital and financial expenditure? – Also, what guarantees does the public purse have set against the monies given to Housing Trust and Associations? 

 

Answer – Since the change to the Ministerial structure, Ministerial Decisions have been given for all major expenditure / requests for support, and since 2006, only 6 Letters of Support have been issued.  Each year accounts for the HDF are prepared as part of the States Annual Report and Accounts, which are audited and no qualifications have been given referring to the HDF accounts. 

 

Question – In 2005, the HDF accounts were re-stated to include a sum in excess of £8million – why was this?

 

Answer – The £8million restatement in 2005 was for the recognition of the provision for the development subsidy payment in respect of the Le Coie development, which was not certain in previous years. 

 

 


Appendix 1  Housing Development Fund Published Accounts 2002 - 2009

 

2002

 

 

2003

 

 

2004

 

 

2005

 

2006

 

 

2007

 

 

2008

 

 

2009

 

 

Page 1


Report for Proposition P61/2010 – cont

 

 

Appendix 2 – Summary Funds Flow Statement from 2000 to 2010

 

Housing Development Fund - Flow of Funds (£'000)

 

 

 

 

 

 

 

 

 

Note1

 

 

2000

2001

2002

2003

2004

2005

2006

2007

2008

2009

2010

Total

Funds Received

 

 

 

 

 

 

 

 

 

 

 

 

Capital/Consolidated Fund

10,000

10,000

9,850

8,000

8,415

2,000

3,200

 

 

 

 

51,465

Transfer from Housing Department

982

 

 

 

 

283

 

 

 

 

 

1,265

Receipts from Disposals

 

 

 

 

480

 

 

 

850

1,483

(478)

2,335

Rental from Sites

392

479

468

473

591

631

618

654

349

43

 

4,698

Fees

 

 

 

 

 

 

 

29

31

 

 

60

Interest Received

 

 

 

 

224

 

 

468

327

96

42

1,157

 

 

 

 

 

 

 

 

 

 

 

 

 

Total Funds Received

11,374

10,479

10,318

8,473

9,710

2,914

3,818

1,151

1,557

1,622

(436)

60,980

 

 

 

 

 

 

 

 

 

 

 

 

 

Funds Expended

 

 

 

 

 

 

 

 

 

 

 

 

Development Subsidy

7,640

2,808

229

 

 

8,795

 

684

 

 

 

20,156

Movement in Provisions re Loss/Profit on Sale

9,361

(291)

(8,855)

(143)

327

(1,623)

(923)

 

1,074

 

 

(1,073)

Interest Subsidy to Housing Trust

777

918

523

475

1,224

1,351

1,489

2,208

3,234

(47)

 

12,152

Interest Charged

915

1,496

1,502

554

 

46

376

 

 

 

 

4,889

Administration charges

 

 

1

2

2

2

2

2

 

4

2

17

Management Charge - Retained Assets

 

 

 

19

26

26

26

28

13

 

 

138

Maintenance Charge - Retained Assets

 

 

 

56

78

78

79

83

40

 

 

414

Depreciation on Retained Assets

 

 

 

796

199

308

199

199

199

 

 

1,900

 

 

 

 

 

 

 

 

 

 

 

 

 

Total Funds Expended

18,693

4,931

(6,600)

1,759

1,856

8,983

1,248

3,204

4,560

(43)

2

38,593

 

 

 

 

 

 

 

 

 

 

 

 

 

Balance Sheet Transfers

 

 

 

 

 

 

 

 

 

 

 

 

Transfer of assets to Consolidated Fund

 

 

 

 

 

 

 

 

16,387

 

 

16,387

 

 

 

 

 

 

 

 

 

 

 

 

 

Fund Balance

(7,319)

5,548

16,918

6,714

7,854

(6,069)

2,570

(2,053)

(19,390)

1,665

(438)

6,000

 

Note1 – The 2010 figures are preliminary and subject to audit.  The £(478)k in 2010 (Receipts from Disposals) relates to an adjustment for the sale of Aquila estimated and carried as a debtor in the 2009 accounts. 

 

Appendix 2 - Summary Funds Flow Statement from 2000 to 2010

 

Housing Development Fund - Flow of Funds (£'000)

 

 

 

 

 

 

 

 

 

 

 

 

2000

2001

2002

2003

2004

2005

2006

2007

2008

2009

2010 1

Total

Funds Received

 

 

 

 

 

 

 

 

 

 

 

 

Capital/Consolidated Fund

10,000

10,000

9,850

8,000

8,415

2,000

3,200

 

 

 

 

51,465

Transfer from Housing Department

982

 

 

 

 

283

 

 

 

 

 

1,265

Receipts from Disposals

 

 

 

 

480

 

 

 

850

1,483

(478)

2,335

Rental from Sites

392

479

468

473

591

631

618

654

349

43

 

4,698

Fees

 

 

 

 

 

 

 

29

31

 

 

60

Interest Received

 

 

 

 

224

 

 

468

327

96

42

1,157

 

 

 

 

 

 

 

 

 

 

 

 

 

Total Funds Received

11,374

10,479

10,318

8,473

9,710

2,914

3,818

1,151

1,557

1,622

(436)

60,980

 

 

 

 

 

 

 

 

 

 

 

 

 

Funds Expended

 

 

 

 

 

 

 

 

 

 

 

 

Development Subsidy

7,640

2,808

229

 

 

8,795

 

684

 

 

 

20,156

Movement in Provisions re Loss/Profit on Sale

9,361

(291)

(8,855)

(143)

327

(1,623)

(923)

 

1,074

 

 

(1,073)

Interest Subsidy to Housing Trust

777

918

523

475

1,224

1,351

1,489

2,208

3,234

(47)

 

12,152

Interest Charged

915

1,496

1,502

554

 

46

376

 

 

 

 

4,889

Administration charges

 

 

1

2

2

2

2

2

 

4

2

17

Management Charge - Retained Assets

 

 

 

19

26

26

26

28

13

 

 

138

Maintenance Charge - Retained Assets

 

 

 

56

78

78

79

83

40

 

 

414

Depreciation on Retained Assets

 

 

 

796

199

308

199

199

199

 

 

1,900

 

 

 

 

 

 

 

 

 

 

 

 

 

Total Funds Expended

18,693

4,931

(6,600)

1,759

1,856

8,983

1,248

3,204

4,560

(43)

2

38,593

 

 

 

 

 

 

 

 

 

 

 

 

 

Balance Sheet Transfers

 

 

 

 

 

 

 

 

 

 

 

 

Transfer of assets to Consolidated Fund

 

 

 

 

 

 

 

 

16,387

 

 

16,387

 

 

 

 

 

 

 

 

 

 

 

 

 

Fund Balance

(7,319)

5,548

16,918

6,714

7,854

(6,069)

2,570

(2,053)

(19,390)

1,665

(438)

6,000

 

Note1 – The 2010 figures are preliminary and subject to audit.  The £478,000 in 2010 (Receipts from Disposals) relates to an adjustment to an estimate included in the 2009 accounts in respect of proceeds from property sales. 

 

Page 1


Report for Proposition P61/2010 – cont

 

 

Appendix 3 – Social Housing Scheme supported by Housing Development Fund

 

Social Housing Scheme

Maison de St Nicholas / Moorestown

Brooklands

St. Paul's Gate

La Folie

St Saviour's Court / Christian Science

Cherry Grove / Sacre Coeur

Belle Vue

Kent Lodge

Berkshire Hotel

Mont Millais Postal/ La Roseraie

Cannon Street/John Wesley Apts

Le Champ des Fleurs/ La Motte Ford

3,5,7 & 7a Ann Street

Town Park Hotel/Parkside

5 St Clements Road

Albert Pier

Field 1218, Mont A L'abbe/Le Grande Clos

Le Coie

Field 690A Maufaunt

Perquage Ct

6/7 St Saviours Crescent

Len Norman Close

Berry House

John Le Fondré Court (Philips House)

Aquila

1&2 La Mabonnerie/12 Close de la Ville

F B Cottages - Phase 2

F B Cottages - Phase 1

F B Cottages - Phase 3/4

8,12&12a Lempriere Street

adjustment

Bas du Mont

La Benefice (Hodge Ph2)

Clos des Charmes (F181,182 & 183, St. Peter)

St Martin's Parish Sheltered Units

Clearview Street School 

 

 


Appendix 4 – Specific Questions

 

The report accompanying P61/2010 raised some specific questions and these are considered below.

 

Question – “The establishment of the Housing Development Fund was done with States approval.  However they were due to develop satisfactory safeguards and a regulatory framework to govern it.  Has this been done? – If not why not? 

 

Terms of Reference detailing the operation of the Fund were produced and with the introduction of the Public Finances (Jersey) Law 2005, an Accounting Officer has been in place since 2006.

 

Question – “Another Question that arises is that the year-on-year spending decision would have been agreed as part of the annual process of approving budget and the annual accounts.  Has this process included satisfactory monitoring procedures? 

 

Question – “Also, now that the Committee structures have been replaced by the Ministerial arrangements, are there sufficient checks and balances in place over the management decisions and operation of significant funds such as the HDF and the associated capital and financial expenditure? – Also, what guarantees does the public purse have set against the monies given to Housing Trust and Associations? 

 

Each development proposal funded by the HousingOUSING DevelopmentEVELOPMENT FundUND has either a Committee or Ministerial approval.  Since the introduction of the Public Finances (Jersey) Law 2005 an Accounting Officer has been appointed with responsibility for the financial control and management of this and other funds.   The Fund’s accounts are audited as part of the States accounts each year and then presented to the Assembly.

 

Letters of comfort are in place supporting Housing Trust borrowing, as explained in the body of this report.

 

 

Question – “In 2005, the HDF accounts were re-stated to include a sum in excess of £8million – why was this?

 

The £8million restatement in 2005 was for the recognition of the provision for the development subsidy payment in respect of the Le Coie development, which was not certain in previous years. 

 

 

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