Charities: advice for applications sent to HM Land Registry (PG14)
Advice about applications to be sent to HM Land Registry to register transactions involving charities (practice guide 14).
Applies to England and Wales
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Details
This guide is aimed at conveyancers and legal advisers to charities and to those acquiring land from charities and you should interpret references to ‘you’ accordingly. HM Land Registry staff will also refer to it.
We only provide factual information and impartial advice about our procedures. Read more about the advice we give.
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Last updated 7 March 2024 + show all updates
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The guide has been amended to reflect the changes to the Charities Act 2011, as a result of the Charities Act 2022, which came into force on 7 March 2024 by virtue of the Charities Act 2022 (Commencement No. 3, Saving and Transitional Provisions) Regulations 2024.
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Advance notification of changes as a result of the Charities Act 2022, which will be brought into force on 7 March 2024.
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Section 4.3 has been amended to bring it in line with current practice on dispositions which do not require registration to be completed.
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Section 9 has been updated to take account of the Cathedrals Measure 2021.
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Section 5.3.3 has been amended as a result of the coming into force on 31 October 2022 of section 32 of the Charities Act 2022. The effect of this is to confer trust corporation status on any sole corporate trustee of a charity that is itself a charity.
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Section 9.2 has been amended to clarify our requirements where a disposal is of parsonage land under the Church Property Measure 2018.
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Section 6.5 has been amended to confirm HM Land Registry will not automatically remove a restriction in standard Form A when registering an incorporation under Part 12 of the Charities Act 2011; the charity trustees must apply to remove any such restriction if it is no longer required.
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Section 8 has been amended to confirm that when trustees of unincorporated charities delegate execution to some of their number, all trustees must still be named in the deed or otherwise be accounted for in the application.
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Section 9.2 has been amended to improve the explanation of the requirements of the Church Property Measure 2018 which came into force on 1 March 2019.
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Section 9 has been amended as a result of the Church Property Measure 2018 which came into force on 1 March 2019.
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Section 5.2.2 has been amended to clarify how to complete the required statement for non-exempt charities on a disposition other than a mortgage.
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Section 1 has been updated to clarify that information about charitable incorporated organisations can by found in practice guide 14A. Section 2 has been updated to reflect our current practice relating to the use of copy documents for some applications for first registration.
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Section 3.5 has been amended. The Charity Commission now normally makes and issues orders under sections 69 and 90 of the Charities Act 2011 on a monthly basis. Each monthly order will vest land owned by different charities in the Official Custodian for Charities.
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Link to the advice we offer added.
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Welsh translation added.
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First published.