Assets of Community Value
The Community Right to Bid was introduced by Part 5, Chapter 3 of the Localism Act 2011 (please follow the link for more information regarding the legislation and implications for owners etc). It aims to keep valued land and buildings in community use by giving local people the chance to bid to buy them, if and when they come onto the market. It gives you the opportunity to nominate public and private land and buildings to be part of a register of ‘Assets of Community Value’. If something on this register is offered for sale, the right is triggered. You will then have up to six months to prepare a bid and compete to buy it. You can inspect the List of nominated ACV's List of nominated ACV's 5th February 2019.pdf [pdf] 626KB for local land and buildings including:
- Village shops
- Village halls
- Public houses
- Former schools
- Swimming pools
- A public open space
These might currently be in public ownership, but they could also be owned by a private company or an individual.
A building or other land is an Asset of Community Value if its main use is (or has recently been) to further the social wellbeing or social interests of the local community and could do so in the future. The Localism Act 2011 states that 'social interests' include cultural, recreational and sporting interests. Regulations list a number of situations where land or buildings are exempted from inclusion on the list or operation of the moratorium. These include homes, hotels, assets being transferred between kindred businesses, and Church of England land holdings.
A number of community organisations can nominate land and buildings for inclusion on the list:
- Parish councils
- Neighbourhood forums (as defined in Neighbourhood Planning regulations)
- Unincorporated community groups of at least 21 members
- Not-for-private-profit organisations (e.g. charities)
Community organisations also have to have a local connection, which means their activities are wholly or partly concerned with the area, or with a neighbouring authority’s area.
Information Required for a Valid Nomination
- Name of nominating body with local connection – this includes Parish/Town Council or neighbouring Parish/Town Council, Neighbourhood Forums, Community Interest Group or Unincorporated groups with membership of at least 21 local people.
- Relevant contact details of the nominating body.
- Evidence of eligibility to nominate such as the Constitution, Terms of Reference, Standing Orders, Trust Deed, Articles of Association, Interest Statement for Community Interest Company.
- Location of nominated property/land together with a plan to scale showing boundaries edged red, such as by providing Land Registry Title Register and Title Plan (up-to-date office copies) or plan showing OS co-ordinates, road names, land marks. The boundaries do not have to be the same as ownership boundaries, nor does the land have to be in the same ownership.
- Current use of property/land.
- Reasons for nomination including evidence which can be in the form of testimonials, advertisements, lists of clubs/groups using facilities and the frequency of use, photographs, copies of web pages showing history of the property/land or its use/events. Such evidence must relate to the primary use of the building or land and further the social wellbeing or social interests of the local community. Note: this list is not exhaustive.
The nominating organisation must provide evidence and reasons to support the nomination.
If you would like to nominate land or a building in the Arun district you can use this online form, by email to firstname.lastname@example.org or send a request to the Local Land Charges department at the address below.
Please see our Assets of Community Value Privacy Notice.pdf [pdf] 21KB
If the land or building is outside the Arun District, the nomination should be sent to the local authority for the area concerned.
The council will acknowledge all nominations, and must decide whether the nominated land or property should be included on its list of Assets of Community Value within eight weeks of receiving the nomination. Nominations which meet statutory criteria will be added to the list of assets of community value.
The Community Right to Bid does not give a right of first refusal to community organisations to buy an asset that they successfully nominate for inclusion on the Local Authority’s list. What it does do is give time for them to put together the funding necessary to bid to buy the asset on the open market.
If an owner wants to sell property or land that is on the list, they must tell the Local Authority. If the nominating body is keen to develop a bid, they can then call for the Local Authority to trigger a moratorium period, during which time the owner cannot proceed to sell the asset.
The owner of a property listed as an asset of community value can request a review of the decision to list the property. Such a request must be made in writing to the Council within 8 weeks of the decision to list the property. In conducting a review of a decision to list a property, the procedure contained in Schedule 2 of The Assets of Community Value (England) Regulations 2012.
There are two moratorium periods. Both start from the date the owner of the asset tells the Local Authority of their intention to sell. The first is the interim moratorium period, which is six weeks, during which time community organisations can decide if they want to be considered as a potential bidder. If none do so, the owner is free to sell their asset at the end of the six weeks.
The other is a full moratorium period, which is six months, during which a community organisation – having declared they wish to bid – can develop a proposal and raise the money required to bid to buy the asset.
Regulations list some situations where the moratorium will not be applied, even when it is an Asset of Community Value on the list. These exceptions include the sale of assets from one partner or another (for example in a divorce).
For more information about the Community Right to Bid and the support and advice available to communities wishing to take up community rights, please visit the My Community Rights website