Guidance Note: Charity Property Transactions

This Guidance Note is intended as general guidance and an introduction to property transactions involving charities. It will be useful both for:  

• charities proposing to enter into a property transaction; and
• those organisations or individuals proposing to enter into a property transaction with a charity.

The note covers the grant of new leases, licences and tenancies at will, sale/transfer of existing leases, and sale/transfer of freeholds.

Changes to the way a charity can deal with property were made by the Charities Act 2022, all of which became effective on or before on 7 March 2024.  The lease templates and this and the other Guidance Notes about property transactions were updated as necessary to take account of the changes made by the 2022 Act. 

(For a summary of changes to charity law made by the 2022 Act, including the law relating to dealing with charity land, please see  Charities Act 2022.)

There are also other guidance notes in this group which can be referred to when a charity is considering various proposed property-related arrangements.

The group includes a range of template documents which can be used where a charity is to be a party to certain types of property transaction.

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