Under most construction contracts, the contractor takes on the ground conditions risk. However, a recent case has demonstrated that the risk can fall on the employer.
Our experienced team of social business solicitors can advise social enterprises on every aspect of community asset transfers.
The number of community asset transfers out of the public sector to local charities and community groups has increased in recent years. Community asset transfers may involve the transfer of the management and ownership of community assets, such as town halls, community centres, parks, sports facilities, affordable housing and libraries.
Many services have been kept open and accessible to local communities and facilities have been refurbished as a result of community asset transfers and facilities have been refurbished, without community asset transfers many services are lost, which can have a significant impact on local communities.
Charities or community groups can take on the ownership or management of a community asset on freehold, long lease, shorter lease or a licence to occupy basis. There can also be linked service agreements, grant or funding conditions, and the transfer of staff to contend with.
Our community asset transfers service
At Anthony Collins Solicitors our experienced team of social business solicitors has been involved in many community asset transfers. We work in partnership with social enterprises or transferring public-sector bodies on all aspects of transfer, including:
- The negotiation of transfer terms.
- The community rights including “Assets of Community Value” and the right to bid.
- The most appropriate legal structure for recipients.
- Funding and community share issues.
- Working together and consortia.
- Intellectual property.
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