Charity land is a complex area, governed by different laws and regulations depending on the type of charity and what you want to do with the land. Find out where you can get advice and how to apply for our approval where needed.

'Charity land' is land held by, or on trust for, a charity in England or Wales. This includes any buildings or structures on the land and any interests in charity land, such as rights of way or access. Your charity’s land may be described in the governing document of the charity or some other document.

• Buying land
• Selling land
• Leasing land
• Vesting land in the Official Custodian for Charities

Buying land

Most charities can buy land for their own use or for investment purposes. The power to buy and hold land is usually set out in a charity's governing document. If your governing document does not include such a power your charity can rely on what is called 'the statutory power'.

We do not provide advice on whether land is suitable for your charity to buy. We advise you to consult your own professional advisor when thinking of buying land.

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Buying or renting charity land or property

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Selling land

Most charities can sell land. Company charities are allowed to sell land because of a power in their governing document. Non-company charities can generally rely on the statutory power.

Although trustees of most charities can sell land without complication there are certain requirements that must be met. Generally you 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

There are some circumstances where you need our approval, for example:

• if you are selling land to someone who is linked to the charity (a connected person)
• in most cases where the land is needed to ensure that your charity can meet its objects, for example a village hall, recreation ground, church, almshouse or school

We cannot tell you if selling your land is the right thing to do. We advise you to consult your own professional advisor when thinking of selling land.

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Selling charity land or property

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Leasing land

In most cases, you can lease charity owned land without getting our approval provided that you comply with any legal requirements.

First be sure that:

• you have the power to lease the land
• your charity owns the land
• your governing document does not prohibit the lease
• it is in your charity's best interests

Consider getting professional advice from a surveyor, to provide guidance on advertising the lease, and property valuation. This ensures you are getting the best terms for the lease.

There are some circumstances where you need our approval, for example:

• if you are leasing land to someone who is linked to the charity (a connected person)
• you want to lease any land your governing document says must be used for a particular purpose unless you are replacing it with equally suitable property
• you have not obtained a surveyor's report when it is required
• you don't want to follow the surveyor's advice
• the governing document specifically forbids the trustees to lease the land
• in most cases where the land is needed to ensure that your charity can meet its objects, for example a village hall, recreation ground, church, almshouse or school

We cannot tell you if leasing your land is the right thing to do. We advise you to consult your own professional advisor when thinking of leasing land.

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Leasing charity land or property

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Vesting land in the Official Custodian for Charities

This is a free service operated by us. It gives trustees peace of mind that the charity's land is still held for the charity even though they have resigned or been replaced.

Charity land must be held in someone's name. Unless your charity is a company or other corporate body, you cannot simply register the title in the name of your charity; instead it has to be held in the names of individuals on behalf of the charity. When the trustee body changes this can cause expense as the land may have to be registered in the name of the new trustees.

A simpler, free, alternative is for the Official Custodian to hold the title for your charity. The Official Custodian holds only the legal title to your land and has no say in how it is used.

Find out more and apply:

Vesting charity land in the Official Custodian

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