Sale of school land and the protection of school playing fields

Disposal of school land

Local authorities wishing to dispose of school land previously required consent under Schedule 35A to the Education Act 1996. On 1 February 2012, Schedule 35A was repealed by Schedule 14 to the Education Act 2011.

Schedule 14 also substituted a new Schedule 1 to the Academies Act 2010 which extends the requirement to obtain Secretary of State consent to dispose of community school land to include all land in which a freehold or leasehold interest is held by the local authority and which has been used for any school (including any academy) in the last eight years. It also removes the disapplication of the requirement for Secretary of State consent in the case of a transfer to an academy for nil consideration.

It is under the new Schedule 1 to the Academies Act 2010 that applications for consent to dispose of local authority land must now be made. Further advice can be found in the guidance documents on this page.

Academy Trusts wishing to dispose of land for which they hold the freehold are required under the terms of their funding agreement, and under the new Schedule 1 to the Academies Act 2010, to seek the consent of the Secretary of State before making any disposal. They should do this through application to the Education Funding Agency.

Details of the information that should be provided are in the ‘Advice on the protection of school playing fields and public land’ document on this page.

Disposal of school playing fields

Details of the procedures and legislation governing the disposal of school playing field land held by local authorities, governing bodies, foundation bodies and trustees are set out in the Department's non-statutory advice published in November 2012, ‘Advice on the protection of school playing fields and public land’.

This advice describes the main circumstances in which relevant bodies need to seek the consent of the Secretary of State for Education to dispose, or change the use, of land used by schools, including playing field land. It also describes how the Secretary of State will assess applications for consent to dispose, or change the use, of such land. The relevant legislation is Section 77 of the School Standards and Framework Act 1998 (as amended).

Potential applicants should remember that the Secretary of State wishes to ensure that playing fields continue to be protected. The Department will usually only agree to the sale of school playing fields if the sports and curriculum needs of schools and their neighbouring schools can continue to be met. Sale proceeds must be used to improve sports or education facilities and any new sports facilities must be sustainable for at least 10 years.

The Secretary of State expects applicants to have first investigated and exhausted all other possible sources of funding before considering the sale of school playing fields.

The new, combined application form (SATPF1) is available to download.

Disposal of school playing fields by Academy Trusts

Academy Trusts wishing to dispose of playing field land for which they hold the freehold are required under the terms of their funding agreement, and under the new Schedule 1 of the Academies Act 2010, to seek the consent of the Secretary of State before making any disposal. They should do this through application to the Education Funding Agency. Details of the information that should be provided are in the ‘Schedule 1 Advice’ and the ‘Advice on the protection of school playing fields and public land’ document on this page.

Disposal of Non-Playing Field Land

The governing body, foundation body or trustees of a foundation, trust or voluntary school are also able to dispose of land and buildings they hold on trust for use by their school but certain procedures need to be followed if the property was provided, acquired or enhanced at public expense.

The relevant legislation is Schedule 22 to the School Standards and Framework Act 1998 (as amended by both schedule 4 to the Education and Inspections Act 2006, and Schedule 1 to the Academies Act 2010 as amended by Schedule 14 to the Education Act 2011).