Disposal of surplus land - Ownership of the land prior to sale to the project company for subsequent resale: retained estate

83.  All land which is included in a PFI project must be in the ownership of the MOD before it is sold to the private sector for subsequent resale.

84.  Detailed criteria for establishing suitability for inclusion in the PFI deal are outlined in this guidance. Suitability should be established at OBC stage (or for schemes with a capital value over £25 million at Strategic Outline Case stage) as reference will need to be made in the Official Journal of the European Community (OJEC) notice which follows OBC approval.

85.  Acquisition teams (in conjunction with Defence Estates) should confirm that land currently held by MOD is suitable for inclusion in a specific PFI project. Acquisition teams will need to reconfirm this as part of the full business case (FBC). Including the land within the PFI project must be consistent with the MOD strategy for disposals and use of the estate.