Office of the Third Sector Homepage

Main navigation

Making it easier for charities to sell and make other disposals of land 

8 March 2010

Consultation on extending the definition of “qualified surveyor” in section 36(4) of the Charities Act 1993

Currently, trustees of charities in England and Wales who want to sell or otherwise dispose of land must normally get a written report from a professional adviser who is a “qualified surveyor” within the definition given in section 36(4) of the Charities Act 1993 (the current definition).  The Act allows the current definition to be changed by statutory instrument.

The 2005 Better Regulation Task Force Report “Better Regulation for Civil Society”  suggested that the current definition is too narrow and recommended extending it to include Fellows of the National Association of Estate Agents.  Consequently we are consulting to help decide whether to extend it as suggested or leave it unchanged.

At present “qualified surveyors” have to be:

• fellows or professional associates of the Royal Institution of Chartered Surveyors; and

• reasonably believed by the charity trustees to have ability in, and experience of, the valuation of land of the particular kind, and in the particular area, in question”.

The definition does not allow trustees to take into consideration the experience and qualifications of the professional adviser in a way that is proportionate to the nature and type of disposal.  For example, when selling their home most people rely on estate agents to value, market and negotiate the sale of their property, rather than specifically looking for a surveyor who meets the current definition.

We suggest that allowing charity trustees to obtain reports from suitably experienced Fellows of the National Association of Estate Agents will be a useful simplification of the requirement and in many cases:

• increase trustees’ choice about who they can consult; and

• consequently make it quicker, easier and often less expensive to get the information they need to enable them to make decisions about disposals and follow the statutory procedures.

If you want to comment on the proposal please find more information and send us your response form by 7 June 2010, the closing date.