Requirements for making an application for the consent to a sale of charity property for less than full value


Under Section 34 of the Charities Act 1961 (as amended by Section 11 and 14 of the Charities Act 1973) and Section 82 of the Charities Act 2009 the Charities Regulator may authorise the sale or disposition of lands held upon charitable trusts where the Trustees do not otherwise have a power in that behalf.

A transfer by a charity to another charity for below market value – Charities Regulator's guidelines and the Memo for the Board are set out at Form No. 4 and the Form of Authorisation of Transfer is at Form No. 5

FORM 4 (PDF) - FORM 4 (WORD) - Guidelines for making an application for the Charities Regulator's consent to a Sale of Charity property for less than full value and Memo for the Board which is to be completed by the Applicant or his/her adviser
(It should be noted that the Charities Regulator does not have power to sanction sales of charity property for less than full value unless the sale is to a charity with a different charitable purpose).

FORM 5 (PDF) - FORM 5  (WORD) - Form of Authorisation of Sale under Section 34 of the Charities Act 1961 as amended by Section 11 (2) of the Charities Act 1973 to be executed by a minimum of two thirds of the Trustees of the Charity and two original Forms (with relevant attachments) to be submitted with the application.