Achieving best consideration on disposal and General Disposal Consent 2003

Copyright © 2025 LexisNexis
Published by a LexisNexis Planning expert
Practice notes

Achieving best consideration on disposal and General Disposal Consent 2003

Copyright © 2025 LexisNexis

Published by a LexisNexis Planning expert

Practice notes
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Duty to achieve Best consideration on disposal of land held by principal councils

General duty

Under section 123(1) of the Local Government Act 1972 (LGA 1972), principal councils are entitled to dispose of land held by them 'in any manner they wish'. This includes selling freehold interests, granting or assigning leases, and granting easements.

Principals councils are defined in England as councils elected for a non-metropolitan county, a district or a London borough, and in Wales as a county or county borough (referred to in this note as local authorities (LAs)).

However, this general power is limited by the duty in LGA 1972, s 123(2) to achieve the best consideration that can reasonably be obtained when disposing of land, unless consent has been obtained from the Secretary of State for Communities and Local Government/Welsh Parliament.

A disposal by way of a short tenancy (defined as the grant of a term not exceeding seven years or the assignment of a term which has at the date of the assignment not more than seven years left

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Jurisdiction(s):
United Kingdom
Related legal acts:
Key definition:
Best consideration definition
What does Best consideration mean?

The duty on local authorities not to dispose of land (other than for a short tenancy) without consent from the Secretary of State unless for the best consideration reasonably obtainable (see Local Government Act 1972, s 123).

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