School land and buildings
Our dedicated education property team provides an integrated service covering all areas of property and property-related transactions within the education sector.
We have a well-earned reputation for clear and straightforward advice, for commercial focus and for finding practical solutions to issues that arise to avoid delays to transactions. By understanding the legislative framework, local government policy, the political dimension and current issues surrounding the work of our education clients, we’re able to provide truly comprehensive support.
What we do...
- Land transactions - Secretary of State consent requirements, acquisitions and disposals of freehold and leasehold land, including playing fields, local authority consent requirements, and Charities Act requirements.
- Leases and land transfers - on academy conversions, academy transfers / rebrokerage, free school projects, conversion to foundation status and general education sector property matters such as leases (including to nurseries and children’s centres), underleases and licences.
- Boundaries, rights of way and easements - rights over school land, public rights of way, and diverting and closing exiting rights of way.
- Shared use agreements - income generation from collaborations with sports providers, telecoms and energy companies.
- Development projects - construction of new school sites and the associated agreement for lease, novation of build contract and provision of warranties, as well as agreements for the disposal and development of school land, as well as related infrastructure issues.
- Planning and construction - obtaining planning permission, extending and constructing new buildings, and obligations relating to listed buildings.
- Environmental issues - requirements and improving energy efficiency.
- Public/private land requirements - including the need for landlord’s and/or Secretary of State’s consent.
- Property portfolios - consolidation into various group structures.
Featured experience
Multi-academy trust
Acting for a multi-academy trust in connection with the proposed reorganisation of one of its schools’ campus and creation of enhanced sports facilities. The school is currently on a split site with the playing field some distance from the school. The MAT has been working closely on a joint venture with a local estate trust who owns land adjacent to the school site. The two organisations will effect a land swap enabling the current playing field to be sold for residential development.
Academy
Advising an academy in connection with the proposed development of a sports centre by the council on the academy site. When completed the sports centre will provide a better curriculum offer for the academy’s students together with enhanced facilities for the community. The arrangements are complex and have been dealt with by conditional contract to ensure that the academy’s interest is protected throughout the development period and into the future.
Two multi-academy trusts
Acting for two multi-academy trusts in relation to the property aspects of a merger. This involved three development agreements relating to the construction of three new school sites to replace four old school sites. Each site involves numerous shared use arrangements relating to sports facilities, libraries and NHS health facilities, requiring leasebacks, licences and community use agreements. One school’s arrangements remain ongoing, and are the subject of detailed negotiation regarding joint use arrangements and associated liabilities.
Large multi-academy trust
Advising a large multi-academy trust in relation to the academy conversion of a PFI school.
Related expertise
Key contacts
Dominic Swift
Partner
Testimonials
"Willing to work differently with in house teams – genuinely collaborative in approach, willing to be flexible and think outside the box when trying to fix issues from live casework to recruitment and development of staff. They can work like an extension of the in house team – a much needed distinguishing factor as against their peers in the market."
"Sources characterise the team as "customer-focused, innovative and experts in their field."
"A client commends the team's "diligence, proactiveness and determination to get the job done."
"No other firm matches their depth of knowledge of the complexities of academy law or their pragmatic, problem-solving approach."
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