Home / Articles / Ofsted on a nursery sale

Ofsted registration when a nursery changes hands

Ofsted registration belongs to the legal entity that provides the childcare. A new owner's organisation must be registered before it provides childcare, and the seller stays responsible until it resigns.

The rule

Ofsted's guidance on a childcare business's legal structure, published on 22 October 2026, says a new application is needed "If the legal entity that provides the childcare changes to a different legal entity". It adds: "You cannot provide childcare until your new organisation is registered with us. To do so would be an offence."

A nursery sale to a new company

  1. Buyer appliesThe buyer's organisation applies to Ofsted for registration.
  2. Until thenThe seller remains responsible for the childcare. The buyer cannot provide it.
  3. RegisteredThe buyer's organisation can provide childcare once registered.
  4. Seller resignsThe seller stops being responsible when it resigns its registration.
  5. AfterwardsChanges to directors and the nominated individual are reported to Ofsted.
Sources: Ofsted, Your childcare business's legal structure, published 22 October 2026; Report changes to registered people in your nursery or other daycare.

Moving into a company

A nursery owner who moves from sole trader to limited company changes the legal entity, so the company registers in its own name before it provides childcare.

VAT while registration is pending

Childcare is exempt from VAT only when the provider is registered. VAT Notice 701/2 says a provider "is not state regulated whilst its application is under consideration".

How we help

We prepare the purchase figures from the nursery's accounts and funding income, set up the new company's books, and plan the completion date around registration. More on buying or selling a care business.

Common questions

Who is responsible for the childcare until the buyer is registered?

The seller, until it resigns its registration, under Ofsted's guidance.

Must a nursery report new directors to Ofsted?

Yes. Changes to directors and the nominated individual must be reported.

Related reading

CQC registration when you buy a care home

The buyer's and seller's CQC applications and the completion date.

Selling a care business before the relief limit falls

The £500,000 lifetime limit from April 2027 and what it does to the tax on a sale.

Early years funding rates for 2026/27

National averages, the 97% pass-through and the supplements.

Book a free review of your care business

We look at your last accounts, your payroll hours and your fee rates, and tell you what we would change.

Book a free review