FAQ

Frequently asked questions about Fields in Trust - everything you always wanted to know and more! This information is part of an ongoing service to those interested in or managing recreational sites.

While every effort has been made to ensure that the contents are accurate Fields in Trust shall not at any time be held responsible or liable for any loss, damage or expenditure arising from reliance placed upon the information. The information is intended as a guide, and should be supplemented where necessary by professional advice. Fields in Trust reserves the right to amend, add to or discontinue this advice.

Q. Our annual grass mowing bill was £940 including VAT for 2009-10 can we reclaim our VAT from HMRC?

Q. How do I contact sports governing bodies throughout the UK.

Q. Can we grant leases or licences to owners of land adjoining our recreation ground to allow them access to their homes?

Q. I am looking for a constitution for a playing field association.

Q. How much should we charge a football club to use our pitches?

Q. Which direction should our pitch be orientated?

Q. Do we reduce our public liability if we erect signs that say "play equipment is used at your own risk" and "all children under the age of 16 must be under the supervision of a responsible adult"
A. Under UK law, the validity of disclaimers is significantly limited by the Unfair Contract Terms Act 1977. By virtue of the Act, a business cannot use a contract term or a notice to exclude or restrict its liability for negligence causing death or personal injury. In the case of other loss or damage, a disclaimer will only be effective so long as it is reasonable in all the circumstances. Specifically about the Under 16 sign, children are not seen as recognising the dangers therefore the sign is not of much use. One case I know of a child climbed a fence to get into locked school grounds to play on the equipment, the child hurt themself and was able to sue the school for negligence as the equipment was not maintained properly.

Q. Our annual grass mowing bill was £940 including VAT for 2009-10 can we reclaim our VAT from HMRC?
A. Unfortunately a trust is like any other business it has to be able to register for VAT to claim it back. You can only register if you are trading so if you can show you are charging and are willing to add VAT to those charges you can theoretically reclaim the VAT if the HMRC allow you to register. If the manager or trustee of the site is a local authority they can claim VAT back.

Q. How do I contact sports governing bodies throughout the UK.
A. The Sport and Recreation Alliance is the new name for CCPR or the Central Council of Physical Recreation. The Sport and Recreation Alliance is the umbrella organisation for the governing and representative bodies of sport and recreation in the UK and represents more than 320 members. Their role, like every trade association, is to speak up on their behalf, represent their views and to provide them with services which make their life easier. Their website has links to all of their members. http://www.sportandrecreation.org.uk/membership/who-are-our-members-0

Q. Can we grant leases or licences to owners of land adjoining our recreation ground to allow them access to their homes?
A.If the recreation ground is fully used, the answer will generally be "No", because any proposals along these lines impinge on the use of the ground by the public. As with any other property transaction you must be satisfied that the proposals are in the best interests of the charity. If there is some reason why it is good for the future of the ground to implement proposals along these lines, you, as trustees, should consider:

why the adjoining owners need such access and whether it and how much it increases the value of their properties;
whether the use of the recreation ground for recreational purposes would be affected; and
whether the value of the recreation ground would be affected.

If a case could be made for granting access then you would have to bear in mind that, given your duty to obtain the best price reasonably obtainable, you would have to charge not just a market price but as much as the adjoining owner was prepared to pay.

Even if the access is to be by way of licence only, it would probably be unwise to allow the neighbours access over the charity’s land without a formal document entered into after taking and considering the appropriate professional advice since they could acquire rights which you did not intend. You should take professional advice from at least a solicitor and a surveyor.

This advice is at http://www.charitycommission.gov.uk/Charity_requirements_guidance/Specialist_guidance/Recreation/default.aspx

Q. I am looking for a constitution for a playing field association.
A. Fields in Trust is able to provide a selection of governing instruments for both charitable and non charitable organisations. Please email fields@fieldsintrust.org your requirements so we can ensure you get the appropriate document.

Q. How much should we charge a football club to use our pitches?
A. Fees vary dependent upon facilities i.e. showers for footballers, floodlights etc. they also vary dependent upon who does the maintenance, especially on the cricket and bowls areas. The usual charge for football pitches is between £200 and £500 per season and £20 to £50 per casual match, the lower price being for use of the pitch perhaps not even with a pitch marked out. These costs will probably not cover the cost of maintenance.

To make it feel fair some site managers charge all clubs; cricket, tennis, bowls etc the same. But the bowls and cricket clubs need to pay more or do work themselves. Bowling greens and cricket squares cost a fortune to maintain so the best idea is to pass the cost to the club, either by them maintaining their own wickets or greens or the clubs to pay for it to be maintained to the standard they want. An additional sum can then be charged for them to have the benefit of using the site, helping towards other costs, such as hedging or clearing ditches etc..

Some field managers give a club free use of the site on the understanding that they maintain the field, including fences, hedges and all general areas for the general public to enjoy. What is important is to show the users the cost of maintaining the field, how much it costs to maintain the pitches alone is not usually covered by fees.

Q. Which direction should our pitch be orientated?
A. See the image below