The Department of Health yesterday issued the first part of the long awaited guidance on the future ownership and management of the existing PCT estate.

The guidance specifies five core principles underpinning the final arrangements of where the estate is to go:

• Protecting assets and maintaining future flexibility
• Ensuring efficiency
• Supporting the provision of safe, fit for purpose buildings
• Ensuring value for money
• Observing effective estate management

The specific guidance deals with those premises providing community services (community properties). These may transfer to aspirant community foundation trusts, other NHS trusts and foundation trusts (recipient trusts) who occupy more than 50% of the lettable area of a property. We will have to wait for further guidance on surplus land, administrative premises and, perhaps most interestingly, LIFT and PFI premises.

The timetable in the guidance seems extremely tight. PCTs must review and provisionally agree lists of transferring properties with affected recipient trusts by 14 September 2011. Whilst the work carried out for the transforming community services transfers earlier this year will assist, this is still a lot of work and negotiation - particularly as the recipient trusts have to be ‘willing’ recipients.

Posted by Thomas Howard, who specialises in commercial property with extensive experience of advising health clients on all property related matters and advising commercial clients on site acquisitions and disposals.

Thomas Howard
0121 237 3951
thoward@brownejacobson.com