Q&As
A council is in the process of granting a long lease to an academy trust and a caretaker's house is situated within the school site. The caretaker's house has over the years been used ancillary to the school provisions. Is the local authority legally required under the Academies Act 2010 or any other educational act to transfer the caretaker's house together with the school site?
The Academies Act 2010 (AcA 2010) and regulations made thereunder makes provision for the transfer of land from the local authority to the Academy Trust. While there is power in AcA 2010, Sch 1 to provide for outright transfer, the guidance from the Department for Education in its document, Land Transfer Advice (April 2013), is that in the vast majority of cases the transfer will be by way of a 125-year lease to the Academy Trust, thus preserving the public land. It is usually only in those cases where a school already owns their own land prior to conversion to
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