Registering a Charity with the Charity Commission
How to register a new charity in England and Wales, including choosing a structure and meeting the legal requirements.
Overview
To operate as a registered charity in England and Wales, your organisation must be established for exclusively charitable purposes and provide public benefit. Registration with the Charity Commission is compulsory for most charities with an annual income over £5,000 (or any Charitable Incorporated Organisation regardless of income). The Commission will assess whether your purposes are charitable under the Charities Act 2011, whether you meet the public benefit requirement, and whether your governing document is suitable. Registration is free and typically takes 4–8 weeks for straightforward applications.
Who Can Use This Process
- Your organisation is established for exclusively charitable purposes under the Charities Act 2011
- Your purposes are for the public benefit (not for private benefit)
- Your annual income is over £5,000 (or you are applying as a CIO)
- You have at least 3 trustees (recommended minimum) who are not disqualified from acting
- You have a suitable governing document (constitution, trust deed, or CIO constitution)
Step-by-Step Process
Choose Your Charitable Structure
Decide on the legal form for your charity: Charitable Incorporated Organisation (CIO) — the most popular for new charities, offering limited liability without Companies House regulation; Charitable Trust — simple to set up, best for grant-making; Unincorporated Association — suitable for membership organisations; or Charitable Company — a company limited by guarantee registered with both the Charity Commission and Companies House.
- A CIO is usually the best choice for new charities as it provides limited liability and is regulated only by the Charity Commission
- A charitable company is better if you need to enter significant contracts or employ staff
- Trusts are simplest but trustees have unlimited personal liability
Draft Your Governing Document
Prepare your governing document (constitution, trust deed, or articles of association) using the Charity Commission's model documents. The document must clearly state your charitable purposes, how trustees are appointed and removed, decision-making procedures, and provisions for winding up. The purposes must fall within the 13 descriptions in section 3 of the Charities Act 2011.
- Use the Charity Commission's model constitutions — they are designed to meet registration requirements
- Your purposes should be specific enough to guide your work but broad enough to allow flexibility
- Include a dissolution clause directing remaining assets to another charity with similar purposes
Appoint Your Trustees
Appoint at least 3 trustees (the Charity Commission strongly recommends a minimum of 3). Trustees must not be disqualified under the Charities Act 2011 (e.g., undischarged bankrupts, persons with unspent convictions for dishonesty). Trustees must make declarations of eligibility. Consider diversity of skills, experience, and background.
- Trustees must act in the charity's best interests, not their own
- Trustee roles are usually unpaid (payment requires specific constitutional provision or Commission authority)
- Check the automatic disqualification rules under the Charities Act 2011 section 178
Apply Online
Submit your application through the Charity Commission's online registration service. You will need: the completed governing document (signed/adopted), details of all trustees (including DBS checks where relevant), a description of your planned activities, financial projections, and evidence that your purposes are charitable and for the public benefit.
- Applications are free — there is no registration fee
- Be clear about how your activities will deliver public benefit
- Include specific examples of your planned charitable activities
Respond to Commission Queries
The Charity Commission may ask for additional information or amendments to your governing document. Respond promptly. Common issues include: purposes that are too vague, insufficient public benefit explanation, governing document provisions that don't meet requirements, or trustee eligibility concerns. Once satisfied, the Commission will register your charity and issue a registered charity number.
- Respond to queries within 28 days to avoid delays
- If asked to amend your purposes, use the Commission's suggested wording
- Registration typically takes 4–8 weeks for straightforward cases, longer if complex
Costs
Important Warnings
Operating as a charity without registering (when required) is a criminal offence.
The name you choose must not be the same as or too similar to an existing charity — check the register first.
Trustees have legal duties and potential personal liability — ensure they understand their responsibilities.
Political purposes (seeking to change the law) cannot be the main purpose of a charity, though political activity can support charitable purposes.
Useful Links
Frequently asked questions
- How long does the registering a charity with the charity commission process take?
- The end-to-end timeline depends on which stage you're at. Common steps run on these timeframes: "Before applying"; "Before applying"; "Before applying"; "When all documents are ready". Add court / counterparty response time on top — disputed matters can run months longer than the bare minimum.
- How much does it cost?
- Main outlays are: Charity Commission registration — Free; CIO registration — Free; Solicitor to draft governing document (if not using model) — £500–£2,000; Companies House registration (charitable company only) — £12 online. Court fees often qualify for Help with Fees remission if you're on a low income. Solicitor fees are extra and vary widely — many matters can be done as a litigant in person.
- What are the most common mistakes to avoid?
- Watch out for: Operating as a charity without registering (when required) is a criminal offence.; The name you choose must not be the same as or too similar to an existing charity — check the register first.; Trustees have legal duties and potential personal liability — ensure they understand their responsibilities.. If you're unsure on any of these, get advice from a regulated solicitor or a free service like Citizens Advice before acting.
- Where can I find the official forms and guidance?
- The official sources are: Charity Commission: Register a Charity; Model Governing Documents; Charity Commission Guidance on Public Benefit. Always use the forms / guidance from the issuing authority's own site — third-party copies can be out of date.
- Can I do this myself without a solicitor?
- Yes — many people complete this kind of matter as a litigant in person. The site walks through each step in plain English. A solicitor is recommended if: large sums are at stake, the other side has legal representation, the matter involves criminal liability, children, immigration, or you're unsure on any procedural deadline. Free advice is available from Citizens Advice, Law Centres, and (for some matters) LawWorks pro bono clinics.