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Charity Property Services

Practical, clear advice on charity land, property, and development matters

Managing charity property can be complex. Trustees must balance legal and regulatory requirements, public benefit obligations, financial prudence and the charity’s operational needs. Property decisions can also involve significant financial commitments and long-term consequences, so it is important that trustees understand their responsibilities and the legal implications before proceeding.

From acquisitions and sales to leases, property development and Cy-près schemes, appropriate legal guidance can help reduce risk and ensure decisions are properly considered and made in the charity’s best interests.

At Ellis-Fermor & Negus, we provide property advice tailored to the particular needs of charities and their trustees. We advise on a wide range of property matters, helping trustees understand their legal obligations, identify potential issues and put appropriate arrangements in place. This can include advising on the purchase or disposal of charity property, leases and other occupation arrangements, property development projects and situations where a charity’s property or funds need to be applied in a different way through a Cy-près scheme.

We understand that charity property is rarely simply a commercial asset. It may be central to the charity’s activities, relied upon by the local community or subject to historic ownership arrangements and restrictions. Our advice therefore considers both the legal requirements and the charity’s wider objectives, helping trustees make decisions that support the organisation’s purposes while protecting its assets.

We can help you minimise risk and achieve the best possible outcome for the charity and the people it serves.

 

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‘I’ve dealt with Rob and the team for conveyancing for around 10 years on several properties. They are professional and deliver on what they promise. I can’t recommend this team enough, they are fantastic in every single way.’

Robert Meredith

Director and Head of Residential Property

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Why choose Ellis-Fermor & Negus?

 

Specialist charity property team – handling hundreds of transactions each year

Advice tailored to trustees’ operational and regulatory needs.

Support for both local and national charities – scalable solutions for organisations of all sizes.

Transparent fees and realistic timelines – ensuring cost-effective solutions for trustees.

Who Can Help?

 

Simon Hale – Director and Solicitor
Specialist in charity property, Simon advises on sales, purchases, leases, development including overage protection, financing, Cy-près applications and regulatory compliance.

Bethan Chart – Solicitor
Specialist  in charity property  sales and purchases, leases, and financing arrangements with a special interest in church properties.

Simon Chevassut – Solicitor
Focuses on charity property sales and purchases, financing arrangements,, and redevelopment projects with a special interest in advising Parish Councils and Village Halls and Diocesan Boards of Finance.

 

Our combined team handles hundreds of charity property matters per year, supporting trustees across the UK.

Meet the team

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Simon Hale

Simon is a Director and the Head of our Commercial Property Department. He has over 30 years’ experience and acts for a wide range of landlords, tenants, developers and investors on commercial property sales and purchases, leases, re-financing arrangements as well as advising on business asset sales and purchases. He has a particular interest in…

01159 221 591

s.hale@ellis-fermor.co.uk

Simon Hale is based at our Beeston Office.

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Daniel Brocklehurst

Dan joined the firm as a newly qualified solicitor in 2021. He completed his Law and Criminology LLB, Law LLM and LPC at Nottingham Law School. Dan is part of the Commercial Property department and is involved in property sales & purchases for investors and developers. Outside of work, Dan enjoys watching and participating in…

(0115) 922 1591

Daniel.Brocklehurst@ellis-fermor.co.uk

Daniel Brocklehurst is based at our Beeston Office.

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Jackie Abbott

Jackie has worked within the Commercial Property and Charity areas of law for over 21 years’ acting for individuals, companies and charities covering all aspects of property transactions including freehold and leasehold property.  Jackie also has experience with properties to be sold or purchased at auction. Prior to moving over to Commercial Property, Jackie had…

01773 821 665

jackie.abbott@ellis-fermor.co.uk

Jackie Abbott is based at our Belper Office.

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Simon Chevassut

Simon is a Solicitor currently working in the Commercial Property Department at our Beeston office. His work is varied and he enjoys working with churches, charities and businesses on a purchase, sale, lease, and property trusteeship transfers. He regularly assists individuals with independent guarantee advice appointments when they are buying or re-financing a property through…

0115 922 1591

simon.chevassut@ellis-fermor.co.uk

Simon Chevassut is based at our Beeston Office.

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Bethan Chart

Bethan Chart is a Paralegal in the Commercial Property team at our Beeston office. Bethan first came to Nottingham to study Law at the University of Nottingham. After graduating, Bethan joined the Property Department at Ellis-Fermor & Negus with a focus on commercial and charity property. Bethan can assist with sales and purchases as well…

0115 922 1591

bethan.chart@ellis-fermor.co.uk

Bethan Chart is based at our Beeston Office.

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Sophie Garner

Sophie began her time at Ellis-Fermor and Negus on Reception and quickly worked her way up to Secretary. As of July 2024 she is a Paralegal in the Property department. Sophie is also the Beeston Office Manager. Common areas of work include Company and Individual Buy to Lets, Auctions, Remortgages and Lease Extensions. In her…

0115 922 1591

sophie.garner@ellis-fermor.co.uk

Sophie Garner is based at our Beeston Office.

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Noah Boswell

Noah is a Paralegal in our Commercial Property Department at Beeston. He graduated from Nottingham Trent University with a BArch in Architecture before joining us as a Secretary in late 2023. As of September 2025, he is now working as a Paralegal. Outside of work, Noah lives with his wife Kate in Beeston. They enjoy…

0115 922 1591

noah.boswell@ellis-fermor.co.uk

Noah Boswell is based at our Beeston Office.

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Reviews, what our clients are saying…

‘I had an excellent experience with Bethan when she acted for me on a bridging loan to a charity, secured against a commercial property. She was professional, thorough, and a real pleasure to deal with throughout. She handled what was a time sensitive and complex transaction with clarity and confidence, giving me complete reassurance at every stage. I genuinely couldn’t have asked for better service and would highly recommend Bethan.’

‘The service we received from Simon was outstanding. He was quick to respond to our emails, kept us informed of developments and made sure we were happy with the process at every step. He was pre-emptive rather than reactive, which is a rare quality in the house buying business! We appreciated his expertise in making the buying process so smooth. To have secured our first house in such a short time frame is testament to his fantastic work ethic and commitment to customer service. A huge thank you to Simon and to Ellis-Fermor & Negus for your support throughout.’

‘Dan goes above and beyond for his clients. I always look forward to our meetings. In addition to the brilliant customer service, he is very knowledgeable and reliable.’

‘Sophie was amazing throughout the entire process. Her communication was excellent, she was always efficient, and nothing was ever too much trouble. She is without doubt the best solicitor I have ever worked with. Thanks Sophie!’

‘Simon was incredibly patient and understanding, which was well needed given the awkwardness of the client. I’ve used Ellis-Fermor & Negus once before and will continue to do so. Simon was excellent, informative and patient from start to finish.’

Charity Property – Frequently Asked Questions

 

Charity property matters are often technical, sensitive, and regulated. Trustees may face challenges such as:

  • Buying or selling charity land while complying with governing documents, Charity law and Charity Commission guidance.
  • Reviewing lease arrangements or funding agreements to ensure compliance and financial prudence.
  • Planning development or redevelopment projects, including options, overage arrangements, or planning approvals.
  • Managing church or restricted-use property, which often comes with special statutory obligations.
  • Dealing with Cy-près schemes or other legal restrictions on property use.

If your trustees need guidance that balances legal obligations with operational realities, our property team provides clear, practical support.

Our charity property specialists advise charities and not-for-profit organisations on all aspects of property management, acquisition, and disposal, including:

1. Purchases and sales of charity land and leases

Structuring transactions to comply with governing documents, Charity law and Charity Commission guidance.

2. Church building purchases and sales

Including diocesan consent, ecclesiastical law considerations, and public benefit compliance.

3. Refinancing

Advice on mortgages, security, and lender agreements to protect charitable assets.

4. Funding agreements and grants

Structuring property-related funding agreements to meet regulatory and operational needs.

5. Property development and redevelopment

Including planning, overage, covenants, and permissions.

6. Cy-près schemes and restricted-purpose property applications

Assisting with Charity Commission applications to alter property use when original purposes are impractical.

7. Church property

Specialist guidance on church land, buildings, and associated legal restrictions.

8. Selling charity property guidance

Step-by-step procedures, templates, and regulatory compliance advice.

All advice is delivered in plain English and tailored to the charity sector, avoiding unnecessary legal complexity while protecting trustees and the charity.

Selling charity property requires careful compliance with the Charities Act 2011, governing documents, and Charity Commission guidance. Trustees must act prudently, transparently, and in the charity’s best interests.

We provide a step-by-step process, including:

Preparing the property for sale

Considering valuation, marketing, and public benefit obligations.

Appointing and instructing surveyors

Ensuring fair valuation and proper professional advice.

Drafting and reviewing legal documentation

Including contracts, transfer deeds, and templates for trustee approval.

Obtaining any consents required

Charity Commission, diocesan, or other regulatory approvals.

Documenting trustee decisions

Maintaining accurate minutes and records to demonstrate compliance.

This structured approach ensures that trustees meet their legal obligations while maximising value and protecting the charity.

Charities can buy and sell property, but trustees must ensure compliance with governing documents, Charity Commission guidance, and the principle that transactions are in the charity’s best interests.

A Cy-près scheme allows trustees to alter the use of property when the original charitable purpose is no longer practical or possible. These changes require Charity Commission approval to ensure the property continues to be used for charitable purposes.

This will depend on the provisions in the charity’s governing document. If the governing documents allow charities may use property as security for loans or mortgages, but trustees must consider risks, financial prudence, and compliance with charity law. Professional advice is strongly recommended.

Trustees should record all key decisions, valuations, approvals, and consents in meeting minutes. Clear documentation is essential to demonstrate due diligence, compliance, and good governance.

Yes, but trustees must consider planning permission, lease terms, restrictive covenants, charitable purposes, and funding agreements. We help structure development projects to ensure compliance and risk mitigation.

Charity property funded by restricted funds or permanent endowment has special rules for disposal or repurposing. We assist with regulatory approval, Cy-près applications, and legal documentation.

If your charity is buying, selling, developing, financing or managing property, we provide clear, practical advice tailored to your organisation. Early guidance reduces risk, ensures compliance, and protects charitable assets.

• Phone:

0115 972 5222 (Long Eaton)

0115 896 3390 (West Bridgford)

0115 922 1591 (Beeston)

01773 821665 (Belper)

01773 744744 (Ripley)

• Email: infomation@ellis-fermor.co.uk

• Online Enquiry: ellis-fermor.co.uk/contact-us

Arrange a confidential discussion with our charity property team

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