Disposal Of Public Sector PropertyInformation Note No: 1/2005 July 2005 Disposal of Public Sector Property in Northern Ireland Background The previous guidance was called "Disposal of Surplus Land and Buildings by Public Sector Bodies" and was last amended September 2001. The new guidance entitled Disposal of Surplus Public Sector Property in Northern Ireland is now available and can be accessed through the Valuation and Lands Agency website These latest amendments reflect changes made to the equivalent guidance in GB known as the Crichel Down rules as well as incorporating best practice within a Northern Ireland context and up-dating references to other relevant guidance. Paragraph 1.0 New paragraphs added to clarify when the guidance applies. Properties identified as part of a PFI project fall outside of this guidance. Even if a property was acquired by agreement it will be assumed to have had a threat of vesting if such powers were held at the time. The only exception is where property was being sold prior to acquisition. Departments can transfer property to another body carrying out the same function as the acquiring Department. Such transfers are not subject to this guidance. Guidelines apply to bodies to which public land holdings have transferred. Paragraph 4.0 Clarification of clearing house and D1 procedures. Paragraph 6.0 Paragraph 6.1.1 has been amended to give clarity on the current position with regard public sector transfers. Timeframes have been set in response to audit criticisms to enable public sector to be completed more swiftly. Paragraph 7.0 Wording amended but the intention to offer land back to a former owner is still paramount. Paragraph 8.0 Some additional exceptions to offer back now specified where they were implied previously. Where the offer back to a former owner is considered to be at variance with the purpose for which the property was acquired eg regeneration, industrial uses and are to be disposed of in pursuance of that purpose. Where in a given set of circumstances the market value is so uncertain such land may not be offered back to the former owner as long as there has been Ministerial approval. Some exceptions to when small plots of land will be returned to former owner. Paragraph 11.0 Highlights a piece of legislation that ensures land is offered back to the former owner in certain strict circumstances. May have implications for land in a rural type of location. Paragraph 17.0 All disposals and decisions made are to be recorded and Departments are encouraged to notify the former owner of all decisions where possible. Paragraph 19.0 Definitions of Sale Price and Market Value are updated. Paragraph 31.0 More detailed guidance with regard to surplus tenanted property. Action It is recommended that any staff dealing with disposals are made aware of this guidance and familiarise themselves with its contents. Central Advisory Unit is available to answer any specific queries that might arise. Tel 90 543774 or 90 543938. Information on the Disposal of Public Sector Property in Northern Ireland (PDF 395KB) |
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