Community Right to Buy allows communities throughout Scotland to apply to register an interest in land and the opportunity to buy that land when it comes up for sale. Full guidance on how to form a Community Body compliant with the Land Reform (Scotland) Act 2003 and how to apply to register your interest is available.
There are also 3 information leaflets available which are designed to give a brief overview of the processes involved etc. These should be read in conjunction with the main guidance.
After an application has been submitted to Scottish Ministers and passed initial checks (in order to ensure compliance with the legislation), it is forwarded to the landowner and if applicable any heritable creditor, for their comments. At this stage a temporary Prohibition is placed on the landowner/heritable creditor preventing themtaking steps in relation to transferring or marketing the land. Any comments submitted by the landowner/heritable creditor will be fully considered by Scottish Ministers when making their decision to approve or reject the application.
If the application is approved by Scottish Ministers the registration will remain over the land for 5 years with the chance to re-register that interest every 5 years, on a rolling basis.
The "Right to Buy" can only be activated when the landowner has indicated that the registered land is to be sold or where the provisions of the Act have been breached.
Once a community body which holds a registered interest in the land , confirms that it wishes to proceed with its "Right to Buy", it has eight months (six months if registered before 15 April 2016) to conclude the transfer of land or longer if agreed with the landowner.