Charity Act Disposals

Professional advice must be sought from a qualified Chartered Surveyor before a disposal is made.

Disposals by Charities of interests in land including freehold sales, easements and leases for longer than 7 years require Charities to comply with the provisions of Sections 117-121 of the Charities Act 2011.

Charities must obtain a written report that complies with the Charities (Qualified Surveyors' Reports) Regulations 1992. The purpose of the legislation on disposals is to ensure that the decision to dispose of an interest in property by the Charity Trustees is in the best interests of their Charity. Charity Trustees have a legal obligation to obtain the best price available in the circumstances of the disposal.

The surveyor's report will make recommendations with regard to any improvements and alterations that should be carried out prior to marketing, the best method of sale and advice as to the current market value or rental value of the interest. Advice will also address appropriate marketing.

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