Disposal - Reporting sales

A011 - Issue date - Under review

Introduction

This note sets out the requirements of the consultant when reporting a recommendation on sale of a property to Property and Facilities. It is essential that the report and covering letter provide the appropriate information to allow a proper decision to be made without reference to other documents and that they provide an appropriate audit trail.

Letter

The sales report should be accompanied by a letter to include the following information where appropriate.

  • A brief summary of the background and context leading to the disposal and/ or method of disposal.
  • Brief summary of the marketing undertaken, e.g. date of commencement, date of offers, further discussions undertaken, if any, leading to best and final offers.
  • Due Diligence undertaken which might include discussions with the planners to ascertain acceptability of scheme; financial standing of company, details of any previous local schemes.
  • Summary of offers received, including conditions attached thereto.
  • A clear and reasoned recommendation.

The report

All aspects of the Sales / Purchases - D4/7 form should be completed, in particular Property and Facilities ref No. (PS report no. will be left blank) legal reference if known, CCE No, Atrium ref, SAP codes (which should be on the original commission).

Items 14 and 15

These need to be clearly set out although if there is a previously agreed draft contract it will be sufficient to attach a copy and refer to this. Any changes resulting from the offers e.g. overage base and payments must be clearly defined.

If there is no previously agreed draft contract then full terms and conditions must be set out. These will cover rights of access (granted/ reserved), maintenance liabilities, fencing covenants, restrictive covenants, exceptions and reservations for the benefit of any retained land, other specific conditions relating to conditionality, overage/ clawback, indexation. If the sale is subject to planning the timetable for submitting the application, appeal, dates for completion after grant, possible period for judicial review; provision for waiving conditionality, long stop date for contract becoming null and void.

Date declared surplus (item 14)

Item 14 should be completed if known, in accordance with the requirements of the Constitution (see Declaring property surplus to council requirements (A002/4)) It is recognised that this may be in the process of being obtained. The aim should be to have this in place before the sale is reported. The consultant should draw attention to the need for this at the commencement of marketing in accordance with Declaring property surplus to council requirements (A002/4).

Reference is to be made to any previous reports produced. The previous consultant report number should be quoted either in the report or the accompanying letter.

Further details

Strategic Asset Management Team
Property and Facilities
Environment & Economy

Tel: 01865 810427
Email: sam.team@oxfordshire.gov.uk