Options for a place of worship that is no longer needed for regular worship.

The size of your church congregation may become so small that it is no longer viable to use your church building as a place of worship. In this case, you as trustees will need to consider what to do with that property.

Many church buildings will be designated land. This means that it must be used for particular purposes (such as worship) as set out in the charity’s governing document.

What you can do with the property will depend on:

• what the charity’s governing document allows
• the different laws and regulations that apply to the organisation which owns the building. For example, if the building is owned by the Methodist Church, you would need to follow any laws or regulations that apply to the Methodist Church

Always take professional advice if you are unsure.

Keep a record of any advice you receive and the reasons for the decisions you make. Your decisions must be in the charity’s best interests. Use our decision-making guidance to help you.

You should check whether there are separate but related charities, for example a charity for the repair and maintenance of the church building. You may decide to close these charities or change their purposes. This will depend on your decisions for the church building, for example if you are disposing of it.

Changing how the building can be used

If the church building is no longer needed by your congregation as a place of worship, you must take steps to ensure it can be used effectively for charitable purposes.

This means amending the charitable purposes in the governing document by using either:

• a power of amendment in the governing document, or
• the statutory power of amendment

and obtaining the Commission’s authority where needed.

The governing document is the document that sets out how the church building must be used.

What trustees decide is in the best interests of the church building charity will depend on the specific wording of the purposes in the building’s governing document and the practical circumstances affecting the charity.

Examples of changes include: 

• amending the purposes of the church building to enable the property to be sold and, if needed, to provide for how the proceeds of the sale can be used
• widening the purposes so that the church building can continue to be used for its current purposes (and the same Christian denomination) but for a wider group of people such as the congregation of a church in a neighbouring parish

Check your governing document to see if it includes any rules you need to follow if you want to change the purposes so that the church building can be used by a different Christian denomination.

Check also that the property is not subject to any covenant restricting its use. If it is, you may need to seek a variation of the covenant. Take legal advice if you are unclear, and legal advice on any change in the land registry title.

Read guidance to understand the rules on changing charity purposes.

Sharing the building with another charity for worship

Certain Christian denominations can enter into agreements to share the building for worship. For more information read guidance on sharing of church buildings and take professional advice.

If you have a separate church hall you can apply for Charity Commission authority to authorise a lease to another charity. You can find more information on how to apply for Commission authority in Use of Church Halls for Village Hall and other charitable purposes.

Sharing the building for purposes other than worship

You may still be using the building for worship, although less frequently than in the past. One option is to allow other charities or non-charities to use the building at times when it is not needed for worship. This would allow funds to be raised for the maintenance of the building. Any use by other charities:

• must not interfere with your ability to use the building for worship
• must be compatible with what the governing document says. You may therefore need to change the governing document to enable other entities to use the property to raise funds

For more information on trading to raise funds for your charity, read guidance Trustees, trading and tax.

Disposing of the building

When selling, leasing or in other ways disposing of charity land, you must:

• have the power to dispose of the land
• consider that disposing of the land is in the charity’s best interests
• comply with the legal requirements on disposing of charity
• get Commission authority if it’s needed

Read our guidance about disposing of charity land.  

Disposing of designated land

Many church buildings will be designated land. This means that it must be used for particular purposes (such as worship) as set out in the charity’s governing document

If you are disposing of designated land, there are extra rules you must comply with. These include thinking about whether you need to change the purposes of the building if you will not be able to carry out the charity’s purpose without it.

Read our guidance about the disposal of designated land, which also covers the proceeds that are generated from the disposal of designated land.  

Transferring to another church charity to use the building as a place of worship

You may decide to transfer the property for nil value to another church charity, so that it can continue to be used as a place of worship.

If the purposes of the other church charity are not the same or similar, you will first need to change the purposes of the building. Read our guidance about changing charity purposes.

You can transfer the land to a charity with the same or similar purposes for nil value without meeting the legal requirements for disposing of charity land. Read our guidance about exemptions to following the legal requirements.

You should also check your governing document for any specific rules you must follow.

Disposing for full market value to a charity with different purposes or to a non-charity

You may decide to dispose of the building for full market value to:

• another charity with the same purposes of advancing the Christian faith which will use the building but not for worship
• another Christian denomination charity which will use the building for worship
• another non-Christian faith charity which will use the building as a place of worship
• a non-faith charity
• a non-charitable organisation or to an individual

You must comply with the legal requirements that are explained in our guidance about disposing of charity land. Extra rules may apply, read the section above on disposing of designated land.

Transferring the building to another charity so it can be preserved

Another option is to apply to the Commission for authority to transfer the building to another charity in order to preserve it.

You can only apply for authority if one of the following applies:

• either the building is a listed building (within the meaning of the Planning (Listed Buildings and Conservation Areas) Act 1990), or
• the building is a scheduled monument (within the meaning of the Ancient Monuments and Archaeological Areas Act 1979)

Where the Commission agrees to give authority, as well as authorising the transfer of the building, the authority will change the purpose of the building from advancing religion to preservation and conservation

You must transfer the building to a charity which is authorised to receive it, known as a prescribed charity.

Find details of which charities are prescribed charities, and how to apply if you want to become a prescribed charity.

You can transfer the building for less than the full market value, but if you receive any money (or proceeds) your charity will have to manage these proceeds. You may need to change the charitable purposes in the governing document to use the proceeds. You can do this either by using a power of amendment in the governing document or the statutory power of amendment and obtaining the Commission’s authority where needed.

Read our guidance about changing charity purposes.

You can apply for Commission authority to transfer the building to a prescribed charity by contacting us. You will need to:

• confirm that the building is a listed building (within the meaning of the Planning (Listed Buildings and Conservation Areas) Act 1990 or a scheduled monument (within the meaning of the Ancient Monuments and Archaeological Areas Act 1979)
• provide details of the charity’s governing document and purposes
• confirm that the building is, or was, used as a place of worship
• confirm, if no longer used for worship, when this ended and if the building is currently being used at all
• tell us the name of the prescribed charity to which the building is to be transferred
• tell us the terms agreed with the prescribed charity
• confirm if any items used in the building will be transferred to the prescribed charity
• explain why the trustees have made the decision to transfer the building to the prescribed charity on the terms agreed
• explain whether the trustees have contacted other church bodies in the area to ask if they wish to use the premises as a place of public worship; and the response they had
• confirm if there are separate, but related charities for example for the repair and maintenance of the building

If your charity has additional land that is not being transferred to the prescribed charity, use our guidance about changing charity purposes  to take the appropriate steps to ensure it can be used effectively for charitable purposes.

Prescribed charities

Only charities that are “prescribed charities” for the purposes of The Redundant Churches and Religious Buildings Act 1969 may receive a redundant place of worship under the terms of the Act.

The charities currently prescribed are:

• The Historic Chapels Trust – for redundant, non-Anglican places of worship of outstanding architectural interest situated in England
• The National Trust (for Places of Historic Interest or Natural Beauty in England, Wales and Northern Ireland) for places of worship situated in England and Wales
• The Friends of Friendless Churches - for churches and chapels of any denomination, situated in the British Isles
• Ymddiriedolaeth Addoldai Cymru / the Welsh Religious Buildings Trust - for nonconformist places of worship in Wales or associated with Wales

If a charity wishes to seek prescription in order to become an eligible ‘receiving charity’ it must contact the Department for Culture, Media and Sport

In writing:

By email:

enquiries@dcms.gov.uk

A charity can apply for prescription to acquire a particular building or to become a receiving charity ‘in waiting’ for future acquisitions not identified at the time of application. The second option is likely to be appropriate only for established charities whose primary purpose is the preservation of buildings. A prescribed charity cannot make any material change to the nature of its objects, constitution or financial position in the period between the application and the acquisition of a building.

The Secretary of State for Culture, Media and Sport, who is likely to consult English Heritage, as statutory adviser, on any application for prescription, will need to be persuaded that it is appropriate to prescribe the relevant charity. The following criteria are likely to be viewed as relevant considerations in favour of prescription:

• the power to care for historic buildings demonstrated by the objects and governing documents of the charity

An example of wording likely to be considered an indication of appropriate object and purpose is as follows:

“To secure the conservation, repair and maintenance of land and buildings of historic, architectural, archaeological or artistic interest, or any part thereof, for the benefit of the public generally.”

For reference, the objects of the currently prescribed charities can be found on the Register of Charities.

• a demonstrable track record in caring for historic buildings and/or (where the charity has not previously cared for an historic building) a demonstrable commitment to care for the building and to use it for the benefit of the local community or general public
• firm and detailed plans for the use of the building which provide for both publicised public access, and minimum intervention into the historic fabric of the building and its setting
• access to sufficient resources to make any repairs necessary at the point of transfer and to keep the building in a good state of repair (evidence of the financial status and history of the charity will be expected)
• any other relevant consideration demonstrating the suitability of the charity for prescription

Charities considering seeking prescription under the 1969 Act should note that, whilst applications for prescription are encouraged and welcomed by the Department for Culture, Media and Sport, a commitment to caring for a listed building is not one that should be taken lightly. Local authorities have a range of powers to intervene where a listed building is not being adequately cared for.

English Heritage provide guidance on owning and managing a listed building.