Government vows to make charity land sales easier 1

Finance | Gareth Jones | 13 Sep 2010

The government has promised to relax the regulations for charities selling land but not until it has given the issue a closer look during next year’s review of the Charities Act.

In its response to the consultation entitled Making it easier for charities to sell and make other disposals of land, the Cabinet Office accepted that the rule requiring trustees to consult a fellow or professional associate of the Royal Institution of Chartered Surveyors was too narrow.

As such, it says there are grounds for this to be extended to fellows of the National Association of Estate Agents, and possibly other property professionals such as fellows of the Central Association of Agricultural Valuers.

However, criticism by respondents of “the general lack of proportionality and clarity” in the regulations means the government will have a deeper look at land issues next year.

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Andrew Redfern
Chief Executive
Frameworkh Housing Association
30 Sep 2010

The problem with the regulations is not who the trustees are being asked to consult with, but what the consultation is about.
It's for the board or committee of the charity (or their duly authorised officers) to determine whether it's in the interests of the charity to dispose of the land.

Neither a sureveyor, an estate agent or an agricultural valuer can tell them that.

The regulation should simply require the charity to obtain a valuation from a person with the qualifications and professional competence to provide one.

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