|LBPB as Holding Trustee|
The London Baptist Property Board (LBPB) acts as the holding trustee for 310 Baptist churches in and around London. This means that the legal title to the church properties is registered in the name of the LBPB and that the Board holds the properties 'on trust' for the churches.
The Property Board is able to offer to churches help and guidance with regard to a range of property and legal matters. As the registered title holder to church property the LBPB has to be involved in all property transactions and will be able to guide churches through the process of the purchase and sale of property.
Jackie Penistone, the LBPB Trust Officer, handles most of the work of the LBPB and should be the first point of contact for churches.
In this section
If churches are considering selling or purchasing property early contact should be made with the LBPB. The LBPB will normally need to give its approval for the sale or purchase or property and will need to sign the various legal documents. The LBPB will also be able to give guidance regarding the special procedures that have to be followed to comply with charity law.
The same applies when a church wishes to lease part of its property to another organisation. Churches should contact the LBPB and also take professional advice.
Guideline documents regarding the sale, purchase and leasing of property are available for from LBPB Guidelines in the download area of the webstie.
If churches are carrying out work to their church property which requires either building regulations consent or planning approval, the church should submit their plans to the LBPB so that the LBPB can give its approval to the plans. The role of the LBPB in this process is to ensure that the church is taking appropriate professional advice. The plans are passed to the LBPB's own surveyors for their comments.
Before entering into any redevelopment programme churches would be advised to read the guideline documents that have been produced by the Baptist Union Corporation as well as the LBPB guideline B6 in the LBPB Guidelines in the download area of this website.
Churches who occupy listed buildings have to take particular care when they are carrying out any work on their premises. Consent needs to be sought not only from the LBPB but also from the Baptist Union's Listed Buildings Advisory Committee. Churches who have responsibility for listed buildings should make themselves familiar with the relevant guideline documents produced by the Baptist Union Corporation.
It is good practice for all churches to carry out regular inspections of their property to identify and prioritise work that needs to be carried out. It is a good idea every five years to invite in a professional to carry out a quinquennial survey. The LBPB has produced a guide to quinquennial surveys which includes a panel of surveyors who are willing to carry out these inspections.
If churches are unable to afford the costs of a quinquennial survey the LBPB has established a fund from which it is able to make grants to offset some of the costs. For more information please contact Jackie Penistone.
The LBPB holds the title deeds for church properties. Most churches and manses will have a 'trust deed' which is a legal document which sets out the purpose for which the the property in question was purchased. For church buildings the trust deed will establish what kind of church is entitled to use the building and may include some form of doctrinal statement and provisions for the appointment of ministers and other church leaders. Trust deeds vary enormously. The LBPB is always willing to send a copy of the trust deed to a church on request. Churches should seek to ensure that they are working within the terms of their trust deed.
Some provisions of older trust deeds are now out-dated or are inappropriate for the church of the twenty-first century. For example it was common in nineteenth century trust deeds to find that only male members may vote on matters to do with the sale or purchase of church premises. For advice about amending the provisions of trust deeds please contact Jackie Penistone. It is possible to up-date trust deeds by adopting what is known as the 'model trust'. It is also possible in some circumstances to amend certain parts of a trust deed under the provisions of the Charites Act 2006.
The Baptist Union Corporation has produced guideline documents about trust deeds and model trusts.
The London Baptist Property Board Ltd is Registered Charity No. 249768
|Last Updated on Friday, 16 April 2010 22:20|