“Overwhelmed by the Red Tape”: A Legal Guide Tells Churches They Need Not Always Sell Land to the Highest Bidder

• Christian charity Housing Justice published a legal guide for churches using surplus land for housing
• It was written by Wrigleys Solicitors after a competitive tender
• It explains that ‘best value’ is not always the highest price
• It can include a church’s charitable mission and long-term community benefit

Many churches that want to use spare land for affordable housing stall on the legal questions. In March 2023 the Christian charity Housing Justice published a guide to help. It said many parochial church councils felt overwhelmed by charity law and the rules on disposing of land, and commissioned Wrigleys Solicitors LLP, chosen after a competitive tender, to write it.

A key point concerns the idea of “best value”. Trustees often believe they must accept the highest financial offer for church land. According to Housing Justice, that is not always legally required: best value can include the church’s charitable mission and the long-term benefit to the community, which may justify selling or leasing land for affordable homes at less than the top price.

The Rev Jeremy Fraser, project manager for Housing Justice’s Faith in Affordable Housing programme, explained the need. “The Archbishop’s Report calls for churches to respond to the housing crisis as part of their Christian mission, but our experience shows they often feel overwhelmed by the red tape involved,” he said. His colleague Beki Winter said the guide aimed to simplify the process for churches in England and Wales wanting to help alleviate the housing crisis.

The Faith in Affordable Housing team also connects churches with architects and housing associations once they decide to go ahead.

Jamaican church boards face similar hesitation: questions about trust deeds, denominational approval, titles and whether a sale or lease below market value is allowed. A plain-language legal guide, prepared with Jamaican lawyers and covering church land, leases, charity rules and NHT partnerships, could help congregations move from talk to action. For church members and diaspora professionals in law and property, drafting and sharing that kind of guide could be one of the most useful gifts to a home church.

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