The Regulator for Charities in England and Wales
If you're thinking of selling or leasing your charity's land or buildings, it's not as simple as putting them on the estate agent's books – there's a bit more to it.
So long as you are not selling or leasing the land to someone connected with the charity (see final paragraph), you need to:
As a result of these measures you should be aiming to get the best price or terms for the disposal for the benefit of the charity.
When it comes to completing the transaction, you will need to provide assurances by way of statements and certificates to show the purchaser you are validly disposing of your charity's interests.
For more information about these requirements that allow you to proceed with the disposal without the need to come to us, see our booklet Disposing of Charity Land (CC28) which is available to download from our website or in hard copy from our order line on 0845 300 0218.
But what if you can't comply with these requirements? Or what if there is a conflict of interest in connection with the transaction, such as when you are proposing to dispose of the land to a connected person? If you are intending to sell or lease to one of the trustees or a close relative of theirs, or if the disposal will be to a company or organisation linked with either them or the charity in some way, the law says that in most cases you will need to come to us for the necessary authority. We have a pack including an application form on which you can provide us with the information we need to consider the facts of the connected person case. We can then make our decision as to whether we can give our consent to your disposal. Follow the links below to download the pack or contact Charity Commission Direct on 0845 3000 218 and ask them to send you a copy.