Academy Trusts are operating in an increasingly changing environment regarding approvals from the DfE for land transactions which are becoming more structured and digital and the way local governments are being re-organised.
The developments are not problematic in themselves but both introduce additional process, points of contact and potential delays which will need to be factored in.
For Academy Trusts undertaking land transactions (for example, acquisitions, disposals and easements), early legal advice and involvement and careful management of the process will become more important.
This briefing note summarises the recent developments.
DfE Land Transactions
The process of making applications has already been moving towards a more digital model. Forms A, B and J have for a while now been completed through the DfE’s Land Transaction Portal.
Currently the remaining forms can all be submitted using the Land Transactions mailbox alongside any other queries (i.e. pre application queries).
From 1 December 2026 however the mailbox will be permanently closed. All other applications and queries will then need to be submitted using the Customer Help Portal (selecting Education Estates’ > ‘Managing Buildings and Land’ > ‘Land Transactions).
In theory moving towards an online portal should make the process more consistent but it can also cause this to become fragmented creating an additional layer of project management requiring a complete understanding of the approval pathway and making sure that the legal transaction, DfE process and governance processes all run together.
A common error is to regard DfE consent as something that can be dealt with towards the end of a transaction. That approach can create significant problems. The DfE encourage applicants to apply earlier, in particular where the transaction is complex. If the DfE approval process has not been started early enough the transaction may not be capable of completing when expected.
Academy Trusts should consider the DfE process at the outset of transaction rather than an administrative exercise. Trustees may also need to consider the Academy Trust Handbook, funding agreement, internal delegations and governance requirements. Planning all of this at the beginning can significantly reduce the risk of a transaction becoming delayed later.
We have been advised by the Land Transactions team at the DfE they are experiencing an unusually high number of applications. Once an application is made it can take an average of eight weeks before a caseworker is allocated to begin processing. Please factor this timescale into any transaction/proposal which requires consent.
Local Government Re-organisation
At present a two-tier local government system exists with services and functions split across county and district council.
The Government’s aims were to simplify this structure by ending the two-tier system and establishing new single-tier unitary councils.
A decision was made over the course of this year to implement this in several areas. These plans were going ahead, however were withdrawn on 7 September 2026 and a rapid review of the programme was announced. This pause does not impact the decision taken in Surrey which is proceeding.
This sudden change creates new uncertainty. It is not clear when the review will be carried out and whether the programme will proceed at any point.
Any changes can have impact upon schools and academy trusts. When the structure of a local authority changes, the identity of the relevant decision-maker can change with it. Functions which previously sat with a district council may move into a unitary authority. Existing county-level responsibilities may be reorganised. Departments may be merged or restructured, and new governance arrangements, committees and delegations may be introduced.
Property transactions could be particularly affected. For a school or academy trust trying to progress a transaction, this can make an already complicated process more difficult to navigate. Local authority reorganisation can create uncertainty around land ownership and responsibility for property portfolios. Not only will it need to be established who owns the land but also who now has authority to deal with it.
A transaction which has been discussed with one council department may therefore need to be revisited if responsibilities, officers or decision-making structures change and that can have practical consequences for timescales.
How we can help
These changes reinforce the value of obtaining legal advice at the start of a transaction rather than simply once commercial terms have been agreed.
Our specialist schools property team have experience advising on and obtaining DfE consent on a wide range of land transactions. The move towards the portals will make it key that the correct information reaches the right process at the right stage which we can assist with.
The team are familiar with the complexities that may arise, including trustee ownership, legal and procedural implications of local government re-organisation and can advise on the implications of these including exploring creative solutions to the challenges presented.
They can assist with the entire process, by advising on the consent requirements and any changes within the local authorities.