The Department of Health and Social Care has published new guidance on the voluntary transfer of properties currently owned by NHS Property Services (NHSPS) to NHS Trusts and Foundation Trusts. The guidance is for NHS England regional estates and finance leads, and integrated care boards (ICBs) and trusts.
The guidance is intended to support local decision making and delivery and the wider ambitions set out in the NHS 10-year plan, including the shift to neighbourhood-level integrated, preventative care all while maximising value for money from the NHS estate.
The guidance introduces a clear, staged timetable running from now into 2027, setting out how ICBs, NHS England regional teams and NHSPS will coordinate each stage from initial property lists to business case development and final DHSC approval.
The message is clear: local control of estate is back on the agenda, and systems are expected to approach transfers in a more structured, planned way.
Principles of estate management
The guidance reiterates long-standing estates management principles aligned with Health Building note 00-08.
At its core, the policy aims to place estate with those best placed to use it and trusts delivering services on the ground. This aligns with neighbourhood level integration and gives providers greater influence over the sites they depend on.
So, what’s in scope
The guidance says that only transfers to trusts are in the scope of this policy. Trust owned subsidiaries aren't permitted transferees, but receiving trusts may transfer property to a wholly owned subsidiary in accordance with NHS England guidance on forming or changing a subsidiary. Community Health Partnership properties are excluded.
It says that ICBs and trusts should “prioritise ‘core’ service critical clinical infrastructure for transfer, but other properties within the NHSPS portfolio may be considered on a case-by-case basis.”
Under this guidance, estates planning leads at ICBs will need to make decisions around core, flex and tail properties when collating initial expressions of interest lists, having regard to their respective:
- Infrastructure strategies
- Future service strategies
- Patient use and patient type
- Capacity and capability of the receiving trusts
ICBs will need to have ICB system wide support for any transfer.
Initial timetable
By 31 March 2026:
- NHS England shares property lists with ICBs
- ICBs work with local systems to agree a provisional list of properties for transfer (the expression of interest list)
- NHS England regional directors, supported by regional estates and finance leads, review and approve the provisional lists
- NHS England leads formally submit the expression of interest lists to NHSPS
Going forward, ICBs should begin to engage with local systems.
Comment
This 2026 guidance is aligned to the commitments in the NHS 10-year plan and designed to help local NHS systems take a more active role in shaping their estate. For trusts that can demonstrate strong business cases and system‑wide benefit, it opens the door to gaining long‑term control over key properties.
In the past there hasn't been much trust take up of earlier similar policies given the transfer is subject to clawback arrangements on any future disposal. In our experience, trusts haven’t wanted to take the cost of the properties onto their own books if they weren’t going to get any uplift in the future, if the property became surplus to requirements and had development potential.
Supporting you
If you'd like to discuss any of the issues raised here or require support with working through this guidance, please do contact Jennifer Lewis and Michael Whatley.
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