DfE land transaction guidance: what Academy Trusts need to know about the 2026 refresh

Academy trusts hold land, and most dealings with that land require the involvement of the Secretary of State. The DfE's core guidance document, "Involving the Secretary of State in land transactions." has been refreshed, with the latest version published on 30 September 2026. The update arrives as estates governance climbs the agenda, driven by School Estate Management Standards (SEMS), the Education Estates Strategy and requirements in the Academy Trust Handbook 2026.

What has changed?

The updated guidance clarifies a number of areas and we summarise some of the key points to note below:-

Broadened definition of "use". The guidance now makes explicit the DfE's view that "use" of land by a school is not limited to physical or actual use. It extends to land that is capable of use by a school, This is a significant clarification: it means that land which has not been physically used for some time may still be caught by the consent requirements on change of use.

The nil value principle. There is now a clear statement that the DfE's expectation that publicly funded school land transferred to another public body for educational use should be at nil value. This means that Trusts considering any such disposal should ensure their applications (and the terms of their disposal) reflect this expectation from the outset.

Occupational licences. A welcome clarification now confirms that where a funding agreement requires consent for the grant of a "licence", this refers to an occupational licence only, not to hire agreements or licences for works.

Alcohol on school sites. The sale of alcohol on school land is usually not permitted but the guidance now confirms exceptional circumstances where it would be permitted and the minimum criteria to be met (and evidenced by Trusts) when considering the sale of alcohol on school sites.

Solar leases and the PPA pilot. The solar section has been significantly revised. The guidance confirms that DfE will only consider solar PV schemes and applications outside of the current pilot once the DfE model PPA and associated lease documentation have been published (currently proposed for Autumn 2026) and such applications will only be considered if they use the DfE model documents and the relevant roof is appropriate for solar PV.

Acquisitions. The guidance now includes the DfE's policy position that where land is being acquired from a local authority for use as an academy, the academy or free school model lease should be used unamended. This applies regardless of whether the transaction is in respect of a conversion, and so Trusts and their advisers should factor this into their commercial negotiations from the outset.

Football Foundation. Where an application is made for consent to place a restriction on the school's title where required by a Football Foundation grant, the guidance now helpfully confirms the supplemental information that the DfE expect will be submitted with an application, helping Trusts plan ahead for these requirements.

Other notable updates. There is also clarification on double counting all-weather pitches and multi-use games areas in playing field calculations and crucially, Trusts should also note that the DfE Land Transactions mailbox will close permanently on 1 December 2026, with all enquiries moving to the Customer Help Portal. The DfE recommend that Trusts should start to use the Portal now.

How we can help

Academy trusts are increasingly looking to make their estates work harder. A proportion of these transactions are likely to require the Secretary of State's involvement, and getting the process wrong can cause significant delay or put a Trust in breach of its funding agreement.

Our experienced Commercial Property team regularly advise Trusts on the full range of estate matters, from academy conversions and site acquisitions and development to the grant of leases and surplus land disposals.

If you are planning a land transaction or need help understanding the updated guidance, please get in touch.