The Template QSR should be used by surveyors instructed by Managing Trustees to prepare a Qualified Surveyor’s Report (QSR) prepared for the purposes of section 119 of the Charities Act 2011. Charity trustees are legally required to obtain a QSR before disposing of land held by or in trust for a charity e.g. on sale, leasing or granting an easement. A Charities Act 2011 compliant QSR shall contain such information and deal with such matters that are prescribed by the Schedule to the Charities (Qualified Surveyor’s Report) Regulations 1992 (1992 Regulations) together with such other information and such other matters as the surveyor believes should be drawn to the attention of the charity trustees.
The surveyor instructed by the Managing Trustees should be asked to complete the Template QSR as part of the overall report that is prepared for the charity. Each of the questions must be answered in full and if a question is not applicable then the surveyor should indicate with “N/A”. The surveyor should not leave a question blank.
The Template QSR can be used as the totality of the QSR produced by the Managing Trustees’ surveyor in straight forward transactions (such as Manse sales) or the surveyor can choose to use the Template QSR at the start of their report and then also add supplementary commentary (this may be necessary for more complicated transactions such as sales or leases involving redevelopment projects to ensure the Managing Trustees have advice they require to drive the transaction in the best interests of the charity).
The Template QSR has been designed in such a way to ensure that by providing the information asked for in the table, the surveyor will provide the necessary advice required to fulfil the requirements of the 1992 Regulations. The Template QSR also asks the surveyor to clarify their advice on key aspects within the 1992 regulations that impact on Methodist Managing Trustees.
By completing the Template QSR surveyors are asked to clarify their advice on; (1) Whether the property to be disposed of includes a burial ground. (This aims to avoid situations where the legal documentation must be changed part way through a transaction to accommodate a disposal of burial ground which creates delays); (2) possible future options for the site, including whether it has any development potential, that should be explored by the Managing Trustees to obtain best price; (3) if the charity should be paid a percentage of any future uplift in value (overage); and (4) whether there are other options which the Managing trustees should consider as part of their decision making on future uses for the property.
Before using the Template QSR please read the accompanying QSR guidance and, if you are a surveyor, ask your instructing Managing Trustee body to provide you with their instruction letter based on the Template Instruction Letter:
Please select whether you wish to download this document as a Word or pdf file. If a surveyor downloads in Word they will be able to type in their advice to the Managing Trustees.
If you have any queries in relation to the guidance in this document please contact TMCP Legal for further assistance.