Civil Estate Occupancy Agreement (CEOA)

Purpose:

The CEOA acts a framework document that Crown bodies in central civil government should normally adopt to define the general arrangements between the Holder (normally the major occupier) ie the one occupying the greatest floor area) and an Occupier (normally a minor occupier). 

Fitness for purpose checklist:

The CEOA is the result of a review and update of the Departmental Estate Occupancy Agreement (DEOA) for Crown Bodies. This agreement, acting as the model and fall-back, sets out the general arrangements for shared occupations by Government Departments in general purpose office properties passed to Departments on 1 April 1996.

The CEOA contains key new provisions widening the scope of the Agreement and making it easier to understand. It is still in draft form due to continuing uncertainty over the proposed transitional arrangements relating to existing Memoranda of Terms of Occupation (MOTOs) when a Holder (Major Occupier) transfers its property portfolio as part of a PPP service contract. In all other respects, the CEOA has the full agreement of departments and HM Treasury.

Example of application

The Holder and Occupier will normally draw up and sign a document, which incorporates the standard terms of the CEOA, together with details specific to the occupation. This document is called a Memorandum of Terms of Occupation (MOTO) and, with its schedules, forms Appendix 1 within the CEOA.  

Notes:

The CEOA was developed by an interdepartmental group, facilitated by PACE. The CEOA currently contains reference to PACE in terms of its roles and responsibilities as they were at the time of writing. In due course, the CEOA will be amended to read OGC in place of PACE following the incorporation of PACE's activities into the Property and Construction Directorate.

The CEOA is intended to replace the Departmental Estate Occupancy Agreement (DEOA) and, although not endorsed as the default, should be used for all new MOTOs. Conversion of old MOTOs to the CEOA terms should also be considered.

The MOTO document entered into by Departments does not constitute a tenancy agreement or lease or lease, or, indeed, any type of contract. The Crown is indivisible in law and one Crown body cannot enter into a legal contract with another. Hence, MOTOs are not enforceable in the ordinary Civil Courts, but are enforceable administratively within the Crown. However, the nature of the arrangements in a MOTO are broadly similar to those found in tenancy agreements and leases.

Further information:

Estate Services Guide MGT 4.1.2

Information Notes