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Historically, much of the focus has been on ensuring assets revert to public authorities in good condition. However, not all contracts include automatic asset reversion. In its 2020 report, the NAO notes that from its survey of 75 authorities, circa 35% of assets don鈥檛 revert, or only partially revert, back to authorities. These contracts often contain a complex series of options, notice periods and valuation clauses, creating additional challenges and opportunities from the PFI expiry process.

PFI expiries offer authorities a unique chance to reshape their asset portfolios, optimise long-term value, and address emerging priorities, from financial sustainability to achieving net-zero goals. Drawing on their extensive experience in the PFI arena, 博鱼体育集团 Frank has identified five essential considerations for authorities to navigate and capitalise on the complex process of approaching expiry for PFI assets that don鈥檛 automatically revert to the public sector.

1. Strategic Assessment: Does the Asset Still Serve Your Needs?

PFI expiry presents an opportunity for authorities to assess how the assets fit into the broader estate strategy and whether an asset aligns with future operational needs. Changing demographics, for example, may render a school unnecessary or a need for extensive retrofitting to meet operational or sustainability requirements. It is critical that this review is undertaken early as this then informs the entire approach to expiry of the PFI contract. 博鱼体育集团 Frank recently developed a business case for a blue light authority which considered both the operational need and the options available under the PFI contract.

2. Exploring Your Options: Beyond the Expiry

This form of PFI contract offers various options at expiry鈥攕uch as extending leases, outright acquisition or vacating the premises鈥攖hat carry significant financial and operational implications. Authorities should engage experts who can conduct a detailed analysis of these options, which may include developing cash flow models and understanding operational impact of the options, to select the preferred option(s). Authorities need to be aware of contractual deadlines and allow sufficient time to consider the options and the necessary governance that will be required to ensure deadlines are not missed which can be disastrous.

博鱼体育集团 Frank has recently developed a PFI Expiry Strategy for a major blue-light organisation which established a preferred option and a roadmap to achieve its objectives.

3. Asset Valuations: Getting the Numbers Right

Where an authority has an option to make a payment to acquire an asset at expiry, determining the cost of acquiring the asset is one of the critical stages. Many early PFI contracts contain valuation clauses that lack specificity, often referring to 鈥榤arket value鈥� ambiguously. Authorities must engage expert valuers who are familiar with PFI contracts to clarify the valuation basis with any restrictions or considerations within the leases factored into the valuation scope. For example, establishing what exactly is required to be valued, is the valuation based on current use, or could future-use potential provide a higher value?

In a recent engagement, 博鱼体育集团 Frank supported an NHS Trust by clarifying its valuation terms well ahead of the PFI expiry, allowing the Trust to enter negotiations armed with expert opinion.

4. Preparing Budgets: Exploring Funding Solutions

Where acquisition is the preferred option and reversionary payments are determined, funding them is a critical next step. Public sector budgeting requires significant capital expenditure to be identified well in advance and supported by business cases. Innovative financing options, like public-private partnerships or generating post-expiry income from the asset, can offer flexible solutions.

5. Evaluating the Asset鈥檚 Condition: Avoiding Unpleasant Surprises

When contracts lack automatic reversion, requirements for final condition surveys are often absent from the contract, posing risks of significant unplanned investment in repairs or upgrades. A condition survey should be procured to  confirm the asset鈥檚 state and inform authorities of any remedial works required before acquisition. This proactive assessment of the asset's condition allows authorities to factor these potential costs into their negotiations and avoid unexpected post-expiry expenses.

博鱼体育集团 Frank 鈥� How We Can Help 

PFI expiry for non-reversionary contracts represents both a complex challenge and a pivotal opportunity for public sector authorities. With deadlines fast approaching, now is the time for authorities to engage to identify their options and implement strategies that will optimise asset value, align with community needs, and support future objectives. By leveraging expert guidance and taking a forward-thinking approach, authorities can ensure a smooth transition and secure long-term value from these assets well into the future.

博鱼体育集团 Frank is uniquely placed to support on this. We have recently advised numerous authorities on these contracts, leveraging our real estate centric approach to PFI expiry. We have a deep appreciation for the nuances of these contracts and what is needed to deliver the authority requirements.