Our expert team of valuers provides charities with appropriate and prompt advice to help them meet their regulatory duties around property transactions.
Understanding and meeting Section 36 obligations
When charities seek to dispose of land or property under Section 36 of the Charities Act 1993, their trustees must ‘obtain and consider a written report from a Chartered Surveyor’ acting exclusively for the charitable trust of the property rather than the charity beneficiary.
The report is required to cover a number of issues, including confirming whether – in the opinion of the surveyor – adequate marketing has taken place to ensure that the charity has received the best possible price for the asset concerned.
We have a wealth of experience providing reports in these circumstances, giving charities the information they need in a format they can use. We report in sufficient time for our clients to work to the strict deadlines set by Companies House, and meet the numerous statutory and professional standards set by the Royal Institution of Chartered Surveyors (RICS) and other pertinent regulatory bodies.
Acquiring land or property
Where trustees propose to acquire land, there is no requirement to obtain professional advice, unless such a requirement is in the trust deed. However, the Charity Commission strongly recommends that a report from a qualified Charted Surveyor acting solely for the trustees is obtained. Our team can provide suitable reports in these circumstances too.