Charities Selling, Leasing or Disposing of Property: Implementation of the Charities Act 2022

23 April, 2024

This article highlights important legislative changes that CLC practices working with charity clients need to be aware of. 

On 7 March 2024, a tranche of new Regulations were brought into effect by The Charities Act 2022 (Commencement No. 3, Consequential, Saving and Transitional Provisions) Regulations 2024 (legislation.gov.uk).

Among other changes, these Regulations bring into effect several provisions which will affect charities in England and Wales that are selling, leasing or otherwise disposing of charity land.  These changes include provisions relating to:

• disposals by liquidators, provisional liquidators, receivers, mortgagees or administrators.
• taking out of mortgages by liquidators, provisional liquidators, receivers, mortgagees or administrators.
• what must be included in statements and certificates for both disposals and mortgages.

Both HM Land Registry and The Charity Commission have published guidance  (please see HM Land Registry Practice guide 14: charities and Charity Commission Guidance CC28) to help you understand the new provisions. 

We strongly encourage practices working with charities to review this guidance and ensure that they have understood the rules and how they apply to charities that are selling, leasing or otherwise disposing of property.