Legitimate use of surplus school property

If you have surplus property, you may be able to lease it to others for “legitimate uses”. The Ministry must approve this. You will need an agreement to cover the other organisation’s use of your surplus space.

Using your surplus property for legitimate uses

If your school has surplus property, you can seek our approval to use it for a legitimate use. This is where you agree to a building being used to provide programmes funded by the Ministry or another government agency.

Space occupied by a legitimate user does not count towards your school’s School Property Guide (SPG) entitlement, but you will get some property funding to maintain and upgrade it through your 5 Year Agreement (5YA) funding and Property Maintenance Grant (PMG).

To find out if funding is available to build new space for a legitimate user, check with your local Ministry office.

Listing legitimate uses

Legitimate uses include using the property for:

  • reading recovery centres and sub-centres
  • teen parent units
  • Resource Teacher: Learning and Behaviour (RTLB) offices
  • an early childhood education centre
  • Social Workers in Schools (SWiS) offices
  • a refugee centre
  • speech clinics
  • English for speakers of other languages (ESOL) space
  • health teachers’ offices
  • nurse’s rooms
  • multi-agency support services (MASSiSS)
  • ‘full service’ offices (for example, SWIS and doctors in the same space)
  • model/normal school teacher liaison offices
  • special school satellite units and kura satellites
  • transitional service offices
  • truancy service offices.

If you agree to a surplus building being used for a legitimate use, you should check if the activity is covered by the site designation. If it is not, you may need to get a resource consent. Talk to your property advisor about this.

Agreements for leasing your surplus space

If a non-school organisation is using your surplus space for a legitimate use, you will need a lease or licence agreement. This will cover:

  • the areas that the organisation can use
  • who pays for operating costs
  • how the agreement is ended.

To find out more, go to Leasing or hiring school land and buildings to third parties and check with your local Ministry office.

If you are leasing to another school, for example a satellite unit, we will organise agreements between you and the other board of trustees.

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