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What do we need to sell Charity Land?

For many charities land which they own forms a substantial asset. The trustees of a charity are under obligations to act in the best interests of the charity when disposing of land.

Helpful guidance can be found on the Charity Commission website but proper legal advice should be obtained.

https://www.gov.uk/government/organisations/charity-commission

Will consent from the Charity Commission be required?

The current legal rules applying to charities on the whole gives charities more freedom to manage their own affairs without consent of the CC. Consent will however be needed if the land is to be sold to a ‘connected’ person. This includes trustees of the charity, their family members and companies or institutions controlled by such persons. Consent will also be needed if the land is fundamental to the charity’s objects such as a historic building.

What if non consent is needed?

If consent is not required then the charity needs to get a report from a qualified surveyor and follow the advice given as to marketing. The surveyor should be a FRICS or MRICS and have experience of dealing with the type of land in that area.

What is ‘Land’

Land includes freeholds, grants of leases other than short term leases (usually less than 7 years). It will also include grants of rights of way, and release of restrictions over land in favour of the charity.

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