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. The guidance book contains information on how to form a Community Body compliant with the Land Reform (Scotland) Act 2003 and how to apply to register your interest. Please also see our webpage Forming a Community Body where you will find our model templates and further guidance. This can be accessed from the menu on the left.
There are 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 guidance book.
The Community Land Team can assist you in forming a compliant company which is eligible to apply under the Act. We are happy to discuss your proposals and provide guidance on the best option for your group. Sometimes the best option may not in fact be using the legislation and we may be able to provide advice on other ways that may benefit your group in acquiring land.
The Team can also look over draft applications and supporting documents and provide guidance into where you can find the information that needs to be included in submitting a complete and compliant application. We cannot however advise you what to write as this would be for the group to decide.
After an application has been submitted to Scottish Ministers and passed initial checks (in order to ensure compliance with the legislation), we forward it 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 them taking steps in relation to transferring or disposing the land. Any comments submitted by the landowner/heritable creditor or Community Body 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 transferred or where the provisions of the Act have been breached.
If the Right to Buy is activated, and you decide to proceed, we will take your group through the Right to Buy process. Part of this process provides that Scottish Ministers shall appoint and pay for an independent valuer to determine the market value of the land.
Following the notification of the valuation Scottish Ministers will also appoint and pay for a ballotter to ballot your defined community. The ballot results will form part of your Right to Buy application, along with any evidence you provide to support your proposals, normally a Business plan or feasibility study.
Should Scottish Ministers give consent for you to proceed with your Right to Buy you will have approximately 8 months, from the date you confirmed you wished to proceed, to conclude the transfer of the land or longer if agreed between both parties.
We are also happy to speak with and provide guidance on Community Right to Buy to landowners and third parties.
Should you wish to discuss any matter relating to Community Right to Buy please feel free to contact us.
Tel: 0300 244 9822 or 0300 244 1945 or email: firstname.lastname@example.org