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
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.
Reviews, what our clients are saying…
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.
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