Policy: Property & Land Management

Transcription

1 Policy: & Land Management & Land Management This policy is designed to be used by offices, schools, nurseries and academies. This policy is applicable to both CfBT Education Trust and CfBT Schools Trust. The content and instructions are mandatory. Deviation from this Policy must be agreed with the Services team. 1 Introduction This document sets out the policy of CfBT Education Trust, including CfBT Schools Trust (the Trust) relating to the management of property and land. The Trust is both a Landlord and land owner for over 100 properties across the UK, with occupation comes a number of important responsibilities and legal requirements. This document aims to provide more information about these requirements, and the role of each site in managing the Trust s responsibilities. In relation to CfBT Schools Trust these are commitments to school buildings, land and in some cases associated community buildings. Reference should be made to the Health & Safety Framework, for more information relating to specific policies and standards of the Trust. 2 Occupying property & land The Trust occupies property and/or land via one of a number of legal documents. This section provides an overview of each document type, how these are structured and operate. Document type Licence to Occupy/Tenancy at Will Lease Detail A document used to secure CfBT s occupation as a temporary measure. Quite often used as a stop-gap until building works are completed on the site or until Lease documentation is ready for signature. The document is often able to be cancelled with very little notice. Rental payments are often monthly. A Lease is the most common way of securing occupation of a property for a fixed period of time. The document will detail all the terms of CfBT s occupation, including the length of the Lease, any break options, rent, service charges, maintenance obligations and what alterations require Landlord s permission. V01 08/12 1

2 Policy: & Land Management TR1/TP1 Room hire (CfBT hiring space) It also details how and when rent should be paid, and the obligation on CfBT at the end of the Lease. A TR1 document confirms the freehold transfer of land and property. It documents when land/property transferred into the Trust and how much was paid for the land/property. Room hire agreements provide a written agreement for the use of a space or building for a short period of time. They are basic in format and only generally cover the cost of hire, and the period or times of hire. The following table indicates who is responsible for managing the approval and signature of each of the property and land related documents: Document Licence to Occupy/Tenancy at Will Person(s) responsible for document Head of Services or Operations Authorisation Form signatories Head of Services Commercial Business Unit Document signatories CET 1) Company Secretary 2) Chairman CST 1) Operations 2) CEO Lease Head of Services or Operations Finance Head of Services Commercial Business Unit 1) Company Secretary 2) Chairman 1) Operations 2) CEO TR1/TP1 Head of Services or Operations Finance Head of Services Commercial Business Unit 1) Company Secretary 2) Chairman 1) Operations 2) CEO Room hire (CfBT hiring space) Site Senior or Finance N/A Site Senior Principal V01 08/12 2

3 Policy: & Land Management 3 Leasehold obligations Landlord consent Landlord permissions must be sought before undertaking certain works to property and the land surrounding it. The Services team is responsible for administering requests and ensuring legal documentation is obtained, to formally approve works. The Notifiable Works Internal Code of Practice (ICOP) ensures that all property and land activities that require Trust and Landlord approval are quickly identified and dealt with. The ICOP and Notifiable Works Form are available on the CfBT intranet (COLIN). Under no circumstances should sites undertake any refurbishment, demolition or construction works without first referencing the Notifiable Works ICOP. Involving the Services team early on in a project s planning and scoping will ensure permissions are dealt with quickly, to avoid delay to project deadlines. Permitted use Leases can dictate what the land and/or property can be used for and what hours certain activities can be conducted within the property or on the land. For example, a site with a swimming pool could have specific times of use described within the Lease. Sites considering significantly changing the use of part or all of land or property should first consult Services, to ensure the site remains legally compliant with Lease conditions. Dilapidations (excluding Schools Trust) Leasehold property is usually subject to reinstatement at the end of the Lease. This places an obligation on the Trust to provide the property back to the landlord in a condition not dissimilar to its condition at Lease commencement. A dilapidations provision is made by the Services team, to ensure funds are held in the Trust accounts, to cover the costs. All dilapidations settlement claims are handled by the Services team. 4 Freehold obligations Land Registry Where the Trust is the official land owner, there still remains a number of authorisation processes for property and land related activities. and land can have restrictions registered with the Land Registry that restricts how it can be used and what can be done with it. In these circumstances the Trust must apply to those interested parties (detailed V01 08/12 3

4 Policy: & Land Management within the Land Title information) before works can commence. The Works ICOP applies to all property, regardless of ownership status. This ensures all mandatory notifications and permissions are sought prior to commencement of work, or commitment of spend. 5 Playing fields and recreational land Sport England are a government agency responsible for encouraging sport and physical education, as well as protecting land designated for outdoor play and sporting activities. Please consult the Services team for advice relating to any change of use to outdoor space. The Trust has an obligation to notify Sport England and work with them on changes to existing outdoor space where development (no matter how small) is being considered. 6 Class of Use All property and land have a designated Class of Use; this is determined and controlled by the Local Authority. The LA s Strategic Plan will quite often describe how the LA aims to develop a certain area within the Authority s boundary. When seeking new property or when considering altering the use of existing property it is important to consider the current class of use. A class of use can be changed; this involves a planning application with this Local Authority. A change of use to existing property must be administered by the Services team. The Trust s most common uses are outlined below: Class A1 Shops A2 Financial and professional services B1 Business D1 Nonresidential Use Shops, retail warehouses, hairdressers, undertakers, travel and ticket agencies, post offices (but not sorting offices), pet shops, sandwich bars, showrooms, domestic hire shops, dry cleaners, funeral directors and internet cafes. - Financial services such as banks and building societies, professional services (other than health and medical services) including estate and employment agencies and betting offices. Offices (other than those that fall within A2), research and development of products and processes, light industry appropriate in a residential area. Clinics, health centres, crèches, day nurseries, day centres, schools, art galleries (other than for sale or hire), museums, libraries, halls, places of V01 08/12 4

5 Policy: & Land Management Class institutions D2 Assembly and leisure Use worship, church halls, law court. Non residential education and training centres. Cinemas, music and concert halls, bingo and dance halls (but not night clubs), swimming baths, skating rinks, gymnasiums or area for indoor or outdoor sports and recreations (except for motor sports, or where firearms are used). 7 Hiring out CfBT premises and land (lettings) To assist with income generation it is possible for facilities (including rooms, halls, playing fields and sports pitches) to be hired out to external organisations and community groups. To ensure CfBT effectively manages the increased Health & Safety and Insurance requirements, all CfBT sites must refer to the CfBT Lettings Policy. The Policy provides an overview of how CfBT approaches lettings; it also provides template hire agreements and Health & Safety information relating to the letting of premises. 8 Residential accommodation Tenancy agreements Some larger schools and academies will have residential accommodation that transferred into CfBT as part of the conversion process. Accommodation is usually attached to the terms and conditions of employment of site support staff. Where tenancy agreements are in place at the point of transfer, these should continue until such a time as either the employee leaves CfBT employment or it is agreed with both parties that the existing agreement should come to an end, and a new CfBT tenancy or licence to occupy agreement should come into effect. The Services team issues all tenancy agreements to Schools and Academies. This is to help monitor the number of agreements in place across the Trust, as well as being able to centrally report to the Finance department. If you require a new agreement please contact the Services Operations. Minimum safety standards Residential accommodation must be maintained to the same levels of Health & Safety standards as the main school. Some of the key mandatory requirements are listed below: All gas appliances must be safety inspected at least once a year All electrical appliances provided by the school/academy must be PAT tested in accordance with local testing standards V01 08/12 5

6 Policy: & Land Management All fixed electrical wiring must be tested every five years, and all priority one (critical safety related) actions completed Where asbestos is present, the management of this must be included in the main school plan Smoke detectors must be installed in each level within the house. Services recommends mains powered or long battery life (7 year) smoke detectors A foam or dry powder fire extinguisher should be positioned within the kitchen A fire blanket should be positioned in the kitchen A carbon monoxide alarm should be installed in all homes where gas appliances or open fires are used All chimneys should be swept at least once a year Tenancy agreements for non-employees There are safeguarding implications associated with the rental of residential accommodation to non-employees of the Trust. As a general rule, the Trust will not permit the renting of residential accommodation to non-employees. However, each case will be assessed based on the location of the premises in relation to the main school site. For further assistance and support please contact Services. Tel: Review date: Annually V01 08/12 6