Contributors
Simplified land powers for historic institutions
The Charities Act 2022 introduced a number of reforms to the charity land disposal regime. The majority of these came into force on 7 March 2024 but provisions relating to the way certain historic educational institutions manage their land and property only recently became effective.
On 19 May 2025, section 24, Schedule 1 and linked subsections of section 18 of the Charities Act 2022 amending the Universities and College Estates Act 1925 (UCEA 1925) came into force. As a result, the complex regime under UCEA 1925 has been repealed and replaced with a new general power of a landowner. The requirement for Ministerial consent for land transactions has been removed simplifying how affected institutions can buy, sell, lease or mortgage property.
These changes apply to:
- The universities of Oxford, Cambridge, and Durham
- The colleges and halls within those universities, and
- Eton College and Winchester College.
Where these institutions rely on this new general power they must now consider the Part 7 requirements of the Charities Act 2011, save for the universities who continue to be exempt by virtue of their status as exempt charities and should in any event follow good governance principles.
What do you need to do? If you haven't already done so, you should ensure that your governance and property procedures have been updated to reflect the new legal framework. While the new powers are broader and help simplify the process you still need to ensure that you are complying with general charity law (including obtaining appropriate advice). This should make it simpler and less cumbersome for affected entities to deal with their portfolios.
If you would like help reviewing your procedures or understanding your new powers, please get in touch.
This article is for general information only and reflects the position at the date of publication. It does not constitute legal advice.
