June 20, 2023
We have highlighted below some of the most important requirements and changes to them which may have an impact on a charity when they are disposing of land.
This category of disposal covers most disposals by a charity. The requirements included obtaining a written report, which includes prescribed information, from a qualified surveyor who is a fellow or professional associate of RICS who has experience of dealing with this type of land. It is also a requirement that the disposal is to be advertised as recommended in the written surveyors’ report; and that the trustees of the charity decide they are satisfied that the terms of the proposed disposition are the best that can reasonably be obtained for the charity.
The main changes made to these requirements are:
The requirements to be met before granting a lease of 7 years are less onerous than for other disposals. They include:
The requirements have been amended so that the pool of people who can provide advice has been widened to include suitably qualified charity trustees, officers and employees, making it easier to obtain the necessary advice.
When disposing of land, a charity usually needs to make a statement in the document effecting the disposition (e.g. the transfer or lease), confirming the procedures under the legislation have either been followed or do not apply.
The recent legislation has made it clear that the requirement to provide a statement applies equally to contracts for dispositions of land and not just the transfer or lease.
These changes add some clarity to the process which a charity needs to follow when disposing of land and hopefully makes it easier for a charity to comply with these requirements.
Are you a charity and do you need advice on disposing of land? Contact our commercial property law team in confidence here or on 02920 829 100 for a free initial call to see how we can help you.
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