Veale Wasbrough's Real Estate team offers sector-focused advice to education clients in relation to property matters. Within the Real Estate department, the education team provides specialist advice to academies on a complete range of matters.
How can we help you?
The opening of a new academy involves a number of different aspects of which property is just one part. However, without a site, it would not be possible for the academy to function.
The new academy will occupy the site under a lease usually granted by the local authority. We have acted for a number of academy trusts occupying initially either under a short term lease or a 125 year lease. We are very familiar with the range of issues that need to be considered and ensure these are considered early rather than left until the last minute.
We have advised academies that have opened in existing buildings as well as those that benefit from new buildings procured through the BSF programme or to be procured through the National Framework.
Transactions
Whether it is an acquisition or a disposal (including surrenders of the academy trust's leasehold interest), it is crucial to obtain specialist advice. We regularly advise open academies on transactions and are used to negotiating with the DCSF and the Charity Commission for the necessary consents.
Restrictions
There are a number of statutory restrictions that could apply depending upon the circumstances of the matter and we can guide academies through the process.
Academy trusts are charitable entities and there are various restrictions contained in the charities legislation. We will ensure that all documentation contains any prescribed wording. We can also advise on the process of complying with the restrictions, which could involve obtaining a suitable report from a professional advisor or applying to the Charity Commission for consent.
Third party occupation
We have advised a number of academies in formalising arrangements for use of their sites with third parties. This can be extremely helpful in the following scenarios:
- to protect the site against claims from third parties - for example, for ownership or registration as a town or village green
- to assist in the provision of community facilities
- to protect the site against claims from occupiers for security of tenure
- when creating a trading subsidiary to take rental income from third party lettings.
Veale Wasbrough's Real Estate team offers sector-focused advice to education clients in relation to property matters. Within the Real Estate department, the education team provides specialist advice to schools in the maintained sector (including community, foundation and trust schools) on a complete range of matters.
How can we help you?
Transactions
Whether it is an acquisition, disposal, option, joint venture or promotion, it is crucial to obtain specialist advice.
We have acted for schools on a national basis on all types of transactions. Our experience in the sector enables us to deal with key issues early including obtaining necessary consents. This in turn helps our clients achieve completion within desired timescales.
Restrictions
There are a number of statutory restrictions that could apply depending upon the circumstances of the matter and we can guide schools through the process. Members of the team are governors of maintained schools and are familiar with a number of common issues facing schools.
A number of maintained school sites vest in charitable entities and there are various restrictions contained in the charities legislation. We will ensure that all documentation contains any prescribed wording. We can also advise on the process of complying with the restrictions, which could involve obtaining a suitable report from a professional advisor or applying to the Charity Commission for consent.
Land Transfers
When maintained schools convert in status, for example, from a community school to a trust school, the ownership of the school site can also transfer.
We have acted for a number of foundation and trust schools on conversions and are familiar with the relevant statutory and regulatory provisions.
We have successfully completed and registered a number of transfers of school sites out of local authority ownership and into the relevant body.
Third party occupation
We have advised a number of maintained schools in formalising arrangements for use of school sites with third parties. This can be extremely helpful in the following scenarios:
- to protect the site against claims from third parties - for example, for ownership or registration as a town or village green
- to assist in the provision of community facilities
- to protect the site against claims from occupiers for security of tenure
- when creating a trading subsidiary to take rental income from third party lettings.
For further information, please contact Chloe Brunton on 0117 314 5301 or Martha Burnige on 020 7665 0835.
