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<p>Public bodies should generally dispose of surplus land (including property assets
built on that land) at the best possible price reasonably obtainable. However, the
Government recognises that disposing of such land at less than best consideration
can sometimes create wider public benefits.</p><p>With regards to land (and property
assets) held in the General Fund, a general consent issued under section 123 of the
Local Government Act 1972 allows local authorities to dispose of land held for purposes
other than housing or planning at an undervalue of less than £2 million, without seeking
a specific consent from the Secretary of State where they consider it will help secure
improvement of the economic, social or environmental well-being of the area. Secretary
of State consent is required for disposals of such land at an undervalue of more than
£2 million. Specific Secretary of State consent is required for disposals of land
held for planning purposes regardless of the sale value.</p><p>Specific rules also
apply to housing land (including property assets). The 2013 General Consent under
section 32 of the Local Government Act 1988, permits a local authority to dispose
of such land at market value subject to condition that:</p><p>(a) the disposal the
property asset is not subject to a secure, introductory or demoted tenancy to occupy
from the local authority to a landlord who is not another local authority;</p><p>(b)
the disposal of land where there is Reversionary Interests in Houses and Flats; or</p><p>(c)
the disposal of land to a body in which the local authority owns an interest except:</p><p>(i)
where the local authority has no housing revenue account; or</p><p>(ii) in the case
of a local authority with a housing revenue account, the first 5 disposals in a financial
year.</p><p>Secretary of State consent is required if a local authority wishes to
dispose of housing land (including any property assets built on that land) at less
than best value, including disposal to a local authority housing company.</p>
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