The streamlining process has been developed to streamline simple sale transactions where one of the Methodist panel solicitor firms (Panel Firm) is to be instructed by Managing Trustees (the Streamlining Process).

Please refer to the Summary Flow Chart which provides an at a glance guide showing the six stages of the Streamlining Process, the key steps for Managing Trustees to take and when and how TMCP and your professional advisors will assist you.

Important to note: You should contact TMCP when the Managing Trustees first make the decision to sell before:

  • Instructing your surveyor to prepare the sales report required under the Charities Act 2011 (the Qualified Surveyor’s Report or QSR);
  • Instructing a solicitor; and
  • Putting the property on the market or entering into any negotiations for sale.

Please remember that before making the decision to sell, Managing Trustees are encouraged to refer to the new "Strategic Guidance for Property in Mission" (particularly the questions referred to in paragraph 3.3 of the strategy). Managing Trustees should satisfy themselves that sale is the best option for them to take. Please refer to the Strategic Guidance for Property in Mission  and talk to the Circuit, District and the Connexional Team for further help and support.

 

Stage 1 – Pre-Marketing - “getting the right initial pre-marketing advice at the right time”

This new Streamlining Process asks Managing Trustees to contact TMCP when they first make the decision to sell, after first considering the Strategic Guidance for Property in Mission. The checklist below sets out the information and documents we would like you to provide to us. On receipt we will arrange a conversation with you; “Check-In One”. We can do this by Zoom, Teams or telephone if you prefer. At Check-In One we will go through with you the documents/information you have provided to us. The intention is that this will help to identify any issues that need to be addressed as early as possible, such as resolving any issues with the title to the property and making sure that the surveyor has the right information to hand to prepare the Qualified Surveyor’s Report. By getting the transaction off on the right track it is hoped that by the time a buyer is found this should help the sale run as smoothly and as cost effectively as possible.

=> Action for Managing Trustees to take: Notify TMCP and provide Check-In One information

 

What do Managing Trustees need to provide to TMCP in readiness for Check-In One?

Please complete the Check-In One Checklist and email this to legal@tmcp.org.uk together with the documents referred to.

 

Check-In One Checklist

 


 

 
This checklist is also available as a separate short form Word document for you to complete and return (Check-In One Checklist in Word).
Provide:

[   ]  Title Register and/or any other title documents that you think are relevant to the sale. (If the property is unregistered any conveyances, indentures and other documents.)

[   ]  Any plans you have showing the extent of the property you intend to sell.

[   ]  Any documents relating to use of the property by third parties.

Confirm:

1.

The Managing Trustees intend to instruct one of the Panel Firms on the sale (unless your property is in Scotland, Isle of Man or the Channel Islands).

 

Specify which firm if you already know these details: 

 

Yes/No

 

(If you indicate “No”, unless the property is in Scotland, Isle of Man or the Channel Islands, you would be unable to take part in the Streamlining Process)
 
 
 Name of firm if known: [INSERT]

2.

The Managing Trustees have considered the Connexional Strategic Guidance for Property in Mission (please refer to Annex A) and the decision to sell has been made in light of this.  

Yes/No
 
Please add brief details of any alternatives that have been considered: [INSERT]

3.

The address of the property is:

 

 

 

[ADDRESS]

4.

We are selling the WHOLE of the property.


OR


We are selling the PART of the property.

 

Yes/No

 

 

 

Yes/No

 

If part please provide details e.g. we are selling the church hall but retaining the chapel and part of the burial ground: [DETAILS]

5. The Managing Trustees believe the property is on the Model Trusts?
We can check this for you if you are unsure.
 

Yes/No

6. The Managing Trustee body who will be dealing with the sale are:  

The Church Council of [NAME]
OR
The Circuit Meeting of [NAME]
OR
[OTHER MANAGING TRUSTEE BODY]

7. The EXISTING Managing Trustee body (if different) is:  

N/A
OR
The Church Council of [NAME] OR the Circuit Meeting of [NAME]

8.

No part of the property has ever been used as a burial ground. (This includes burying any ashes at the property but not scattering ashes.)

 

OR

 

Part of the property has been used as a burial ground.

 

Yes/No

(At Check-In One we will ask whether this statement has been made after considering the question with members of the congregation or other individuals who have a historic knowledge of the property?)
 
Yes/No
 
If yes please be prepared to provide us with more details at Check-In One e.g. how many burials, when and where at the property.

9. The Managing Trustees have considered the First Legal Steps on a property project chart and indicated any concerns they have relating to the property, its boundaries or third party authorised or unauthorised users in Annex B.  

Yes/No


Please use table in Annex B


 

What happens next?

Please email us with the completed Check-In One Checklist and any documents provided in accordance with that Checklist. We will contact you to arrange Check-In One.

What do we do if we cannot provide the documents/confirmations requested in this Check-In One Checklist?

If you have any questions about the Checklist please contact legal@tmcp.org.uk.  If you are unable to provide some of the information or require further guidance on the issues to see whether they impact on your sale, please complete the Checklist as much as you can and return it to us indicating any areas you are unsure of in the covering email. We will then arrange a preliminary “Check-In” where we can go through the requirements with you and help to explain any questions you may have. We may need to arrange a full “Check-In One” meeting at a later date if you do need to go away and find additional information/documents.

What will happen after Check-In One?
  1. We will provide you with initial sale guidance setting out the next steps to be taken.
  2. We will provide you with a completed Check-In One Checklist for your records and ease of reference which will provide key information that you should pass onto your surveyor to ensure that the surveyor produces a Charities Act 2011 compliant Qualified Surveyor’s Report (QSR).
  3. We will confirm:

    EITHER:
    1. You do not require any initial legal advice and are ready to instruct your surveyor to prepare the QSR and log the project on the Property Consents Website (if you have not done so already). In this case we will provide you with links to the Template QSR and Template Surveyor Instruction Letter (available on our website);

    OR
    2. You do not require any initial legal advice but need to take some initial steps before instructing your surveyor. In this case we will highlight what these steps are;

    OR
    3. You need to obtain initial advice from your solicitor/surveyor now before taking any further steps. We will confirm the advice you require as discussed at Check-In One.

If you need to instruct a Panel Firm at this point, we will provide you with details of the ID Questionnaire that will need to be completed to enable the Panel Firm to start acting for the Managing Trustee body as its client.

 

Please refer to the Summary Flow Chart and the accompanying guidance for details of the steps to be taken by the Managing Trustees as part of the Pre-Marketing Stage.


Annex A

Strategic Guidance for the Use of Property in Mission

TMCP has been asked to draw Managing Trustees attention to the “Strategic Guidance for the Use of Property in Mission” at the beginning of a sale transaction. Accordingly, as part of the Check-In One Checklist we ask for your confirmation that the Managing Trustees have had chance to consider the questions outlined in the Strategic Guidance for Property in Mission, with the assistance of the circuit and district, and are satisfied that there is no longer any viable use for the property whilst remaining under Methodist ownership.

You can read the full Strategic Guidance for the Use of Property in Mission by clicking this link (https://www.methodist.org.uk/media/20555/9221-strategic-guidance-for-the-use-of-property-in-mission.pdf). The questions from the Strategic Guidance are set out below for your consideration:

  • Is there no longer potential for Methodist mission from this property?
  • How does this church property shape and give expression to the circuit/district mission plan(s)? What alternative uses might be made of the property/site as an expression of Methodist mission and ministry?
  • Is the site of strategic importance within the locality?
  • What Christian presence remains in the locality, particularly in rural areas? Is this the only community space in the locality?
  • What are the alternative uses with the site vacated, taking into account, amongst other things, the local authority strategic plan – could it be redeveloped to generate income for mission elsewhere?
  • What ecumenical/other partnership opportunities exist for using the property?
  • Are alternative sites available which better enable mission?

The purpose of the questions is to enable Managing Trustees to consider the establishment of new Methodist communities before making a final decision to dispose of Methodist property.

Managing Trustees are also now encouraged to refer to the guidance on starting a property project and writing a Mission plan and property profile on the Methodist Church Website:


Annex B

First Legal Steps on a property project chart

TMCP’s First Legal Steps on a Property Project Chart sets out questions to help Managing Trustees consider the wider legal issues that may impact on a property project. The following points from the chart could impact on a sales transaction and are set out here so that the Managing Trustees can consider the same before Check-In One. If any of these points are relevant to the sale in question, please indicate here so that we can discuss this with you and identify whether you need any professional advice at this point before proceeding with the next stage of the Streamlining Process.

Legal Considerations

LISTING AND CONSERVATION

 

Is the property listed?

 

 

Is the property in a conservation area?

 

 

Are any works proposed as part of your project?

 

 

Yes/No

We can help confirm this at Check-In One

 

Yes/No

We can help confirm this at Check-In One

 

Yes/No

You are encouraged to contact the Connexional Conservation Team for specialist help with listed buildings and properties in conservation areas: conservation@methodistchurch.org.uk

LAND REGISTRATION

 

Is the title to the property registered at the Land Registry?

 

Do you have title documents (known as office copy entries) confirming the title number(s) your property has been registered with?

 

Is the title registered in the name of the Custodian Trustee (TMCP)?

 

 

 

Yes/No


Yes/No

 

 

 

Yes/No

We can help confirm this at Check-In One

LAND INCLUDED IN THE REGISTERED TITLE

 

Does your title include all of the land the Managing Trustees believe the Methodist Church owns?

 

Are any parcels of land missing from the title?

 

Are there any gaps between the Church’s title and access to a public highway?

 

Are there any extra pieces of land which a neighbour now treats as their own?

 

 

 

Yes/No

 

 

Yes/No

 

Yes/No

 


Yes/No

 

We can help consider your title plan with you at Check-In One

Is the property subject to any restrictive covenants?


If so:

  • Will these impact on your proposals?
  • Are they enforceable?
  • Can you get indemnity insurance?  
 

 

Yes/No

 

We can help confirm this at Check-In One


We will indicate if you need to speak to your chosen Panel Firm for further advice on these points.

OCCUPIERS

 

Are there any authorised occupiers of your property e.g. tenants or licensees? 

 

 

 

Yes/No

 

We can help confirm this at Check-In One

Are there any unauthorised occupiers e.g. squatters or a neighbour who has appropriated part of your land for their garden?

 

 

Yes/No

 

We can help confirm this at Check-In One


If you have any queries in relation to the guidance in this document please contact TMCP Legal for further assistance.