Selling and letting

Charitable companies and most unicorporated charities are able to sell or let land by powers granted in their articles of association or governing document. Usually no permission is required from the Charity Commission however, when selling land a charity must:

• take written advice from a qualified surveyor
• advertise the sale unless the surveyor says otherwise
• be happy that what you are being offered is the best deal you can get

If there is a reason why you cannot comply with these rules, permission may need to be sought from the Charity Commission. You will also need permission if you are selling land or buildings to a person who is connected to the charity such as a beneficiary or trustee or relative of either.

If the land you are wishing to sell is closely linked to the object of the charity (such as a community building) then you should seek advice at an early stage to ensure that any sale will not breach the rules of the charity and charity law.

When deciding whether and how to dispose of charity property, the trustees must act in the best interests of the charity. Provided this is borne in mind and can be proven, we can assist with your charity propoerty disposals even where there is no explicit power to sell or where designated land is involved.