Leasing and disposing of Charity land
14 December 2017 by Ellen Petersen
Where a charity intends to let or sell (ie dispose of) charity land, there are some statutory rules that apply to the process and the questions that must be asked include:
- Do you need permission from the Charities Commission to sell or let the property?
- What is the status of your charity – is it registered; is it a community benefit society, a charitable incorporated organisation; are you unincorporated; or a charitable trust? All of these situations will be important in determining next steps;
- Make sure there is nothing preventing the disposal in the governing document;
- Whether the charity owns the title to the property – if there any issues relating to the title;
- The duties of the charity trustees in ensuring that the disposal is in the bests interests of the charity and procuring specific valuation advice; and
- If the property is designated for a particular purpose, that the sale or lease takes this into consideration.
We can help you with land transactions involving charities, liaising with the Charities Commission if necessary and procuring advice from qualified surveyors in respect of the statutory rules relating to valuation before disposal. If you have any questions regarding the structure of your charity or in relation to steps to be taken before disposal of charity property, contact us today on 01245 330351 or email the team via [email protected]
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