- The Role of TMCP
- Charity law and Methodist law, policy and best practice requirements on sales
- Sale Guidance
Managing Trustees decide to sell property for different reasons; perhaps a property needs to be sold to fund a new, more suitable, manse or worship space or is simply surplus to requirements. Whatever the reasons Managing Trustees as prudent charity trustees need to make the sale as beneficial to the charity as possible; by securing best terms for the charity and maximising the funds raised to further Mission on any part of the property that may have been retained or elsewhere in the Circuit, District or wider Connexion.
In accordance with the Connexional Property Strategy launched in summer 2019, before making the difficult decision to sell property or getting into a position where sale is the only option, Managing Trustees will be anxious to explore whether there are any alternatives available. Can the property still be used, perhaps in a different way to further Mission? Is any additional support or assistance available to the Managing Trustees if they wish to explore alternatives?
Managing Trustees are encouraged to refer to the Connexional Property Strategy (particularly the questions set out in section 2) and to talk to their Circuit, District and the Connexional Team:
Please also refer to the guidance on starting a property project and writing a Mission plan and property profile on the Methodist Church Website:
Contact details for the Connexional Team can be found here.
When to obtain surveyor’s and legal advice
If the Managing Trustees have decided that they want to explore the possibility of selling property they should obtain a Qualified Surveyor’s Report (QSR) as soon as possible and ensure that this is sent to TMCP for review and approval before the property is placed on the market or negotiations commence with potential buyers. In any sale, the QSR that the Managing Trustees are obliged to obtain under s.119 of the Charities Act 2011 will provide vital guidance to the Managing Trustees on how to proceed in the best interests of the charity. The surveyor may for example suggest alternatives to a sale or recommend that action is taken before putting the property on the market in order to obtain best price.
Methodist Panels of Solicitors and Surveyors
Methodist panels of solicitors and surveyors are in place and ready to act for Managing Trustees who are seeking professionals who understand the responsibilities placed on them as Methodist charity trustees. It is strongly recommended that Managing Trustees instruct firms from both panels to act for them to help transactions run as smoothly as possible.
For information on how the panel solicitor firms can help Managing Trustees and contact details, please see the panel solicitor pages on TMCP's website:
For information on the panel surveyors please refer to the panel surveyor’s page on the Methodist Church website contact sheet produced by the Connexional Team:
Panel Surveyor’s Page – Methodist Church Website
The more complicated a sale may be, the earlier it is recommended that Managing Trustees seek advice from their professional advisers. For example, if Managing Trustees want to sell part of a site and use the proceeds of sale (Circuit willing – please see Section F of the Sales Guidance for Managing Trustees for guidance on the application of proceeds to transform a retained Sunday School into a new and vibrant worship space, their legal adviser and surveyor will be able to advise them on the options available. Speaking with professional advisers from the outset should limit any unexpected issues arising further down the process.
If the Managing Trustees are aware of the existence of any covenants on the land restricting its use, early advice on whether such covenants are enforceable and what steps need to be taken or avoided before the property is marketed should help to ensure that any impact on the sale is kept to a minimum.
The legal owner of nearly all Methodist land and property is TMCP. TMCP holds legal title in its capacity as Custodian Trustee on trust for the local Managing Trustees by virtue of the Methodist Church Act 1976. This means that TMCP needs to be party to the sales documents. Under Standing Order 930(3) TMCP is also required to give approval to all matters where it is Custodian Trustee. TMCP is therefore required to ensure the transaction complies with charity and Methodist law as well as ensuring there is no breach of trust in accordance with Standing Order 930(3) and approves the documents on behalf of the Connexional Team under Standing Order 931(3).
As the role of TMCP Legal in a sale is to ensure that the charity law and Methodist law, policy and best practice requirements and procedures relating to the sale of Model Trust Property have been met, TMCP Legal have produced detailed guidance for Managing Trustees and their instructed professionals which is available on our website. TMCP Legal are also always on hand to answer any questions you may have (contact TMCP). TMCP Legal will also help Managing Trustees' solicitors to ensure that the transaction is otherwise lawful and in the best interests of the Managing Trustees.
There are various charity law and Methodist law, policy and best practice requirements that must be fulfilled before a sale of Methodist Model Trust Property can proceed. The requirements can seem daunting and Managing Trustees may therefore find it helpful to break these down into the steps set out in the Sale Guidance for Managing Trustees.
Although the exact requirements will depend upon the type of property being sold and method of sale, in summary the Managing Trustees will need to:
- log a project on the Consents Website so that the three levels of consent can be entered
- obtain a Qualified Surveyor’s Report for review and approval by TMCP
- obtain a best price and adequate marketing certificate
- obtain confirmation as to whether the seller is connected to the charity within the meaning of s.118 of the Charities Act 2011.
- ask your legal advisers to ensure that the draft sale contract, transfer and/or lease include the Sales Template Clauses and that the draft documents are sent to TMCP Legal for approval
The Sale Guidance Notes aim to help Managing Trustees and their professional advisers to navigate their way through the charity law and Methodist law, policy and best practice requirements on sales:
On any sale of Model Trust Property:
- Sale Checklist
- Sale Guidance for Managing Trustees
- Sale Guidance for Solicitors
- Sale Template Clauses
- Sale FAQs
- QSR Focus Note
- QSR (Preparing) Focus Note
- First Legal Steps on a Property Project chart - This can be used as a tool to help Managing Trustees identify potential legal issues early in the process so that they can be taken into account and built into the project plans and/or resolved where possible.
- Short video on the sale of manses produced by Anthony Collins, one of the firms on the Methodist Church's Panel of Solicitors.
If you are selling a burial ground:
- Burial Ground Guidance
- Burial Ground Sale Focus Note - This is available to Methodist Managing Trustees and their professional advisers in the password protected 'Trustee Documents' section of this website. (Please contact TMCP if you require the password)
- Burial Ground Template Clauses
If you are selling at auction:
If you want the sale to be considered as a replacement project please address any questions relating to logging a project to the Web Applications Team and any other questions to the Conference Office. The following guidance is available from TMCP on the process involved:
If the Managing Trustees or their solicitors would like any further guidance please do not hesitate to contact TMCP. Otherwise TMCP legal looks forward to receiving confirmation that the charity law and Methodist law, policy and best practice requirements summarised in the Sale Checklist and detailed in the Sale Guidance for Managing Trustees and Sale Guidance for Solicitors have been fulfilled.