Update on the Changes to the Charities Act 2011 - Disposal of Charity Land and Qualified Surveyor's Reports

Introduction

The Charities Act 2011 requires all non-exempt charities to comply with the provisions of s117 to 121 of the Act on any disposal of Land.

Where appropriate the Act allows trustees, rather than obtaining the consent of the Charity Commission or the Court, to obtain a Qualified Surveyor’s Report (“QSR”) on dispositions (other than leases of less than 7 years, which currently don’t require a QSR).

The Charities Act 2022 has removed and replaced this requirement with a requirement for the trustees to obtain advice from a ‘designated adviser’. The changes are set to come into force in June 2023.

The Charities (Dispositions of Land: Designated Advisers and Reports) Regulations 2023 sets out the information that must be contained in the new report and who can act as a designated adviser.

Designated Adviser

The changes to the Charities Act permit fellows of the National Association of Estate Agents (“NAEA”) Propertymark scheme or the Central Association of Agricultural Valuers to act as designated advisers in addition to a fellow or member of the Royal Institution of Chartered Surveyors (“RICS”).

The changes will also permit employees and trustees who meet the above criteria to provide the relevant advisory reports. The trustees should understand that the changes do not remove the requirement to obtain advice, but rather increase the pool of those who can provide the advice.

Please do contact Nishita Gudka (nishita.gudka@lbmw.com) or Jane Grenfell (jane.grenfell@lbmw.com) to discuss this further and how a charity’s internal policies can be updated to reflect the changes or how we can provide training to your charity.

LBMW is offering an introductory webinar on 21 June 2023 on these new provisions. Places can be booked through our events page LBMW Webinar: Charities Act 2022 – land and other changes now in force Tickets, Wed 21 Jun 2023 at 12:00 Eventbrite