13 Points On The Right To Buy
1. The Right to Buy under Part 5 of the 2016 Act relates to all land in Scotland, unless it is ineligible land, such as an individual's home.
2. The right to buy may only be exercised by a properly constituted community body, that is a CLBG, a SCIO, a BenCom or, where using a third party purchaser, a body corporate having a written constitution. Apart from where a third party purchaser is being used, the community body must have a minimum of 10 members, three-quarters being from the community body's defined "community". In all cases, Ministers must be satisfied that a community body's main purpose is consistent with furthering the achievement of sustainable development. This is achieved by including this within the community body's purposes in their constitutional document.
3. Community bodies should send their constitutional document (articles of association, constitution, or registered rules) to Scottish Ministers to check that they comply with the requirements of the Act, before submitting an application for a right to buy.
4. Before submitting an application, the community body must have made a request to the owner to transfer the land or, where the application is in respect of a tenant's interest, a request to assign the tenant's interest at least six months prior to applying.
5. Before submitting an application, the community body must have carried out a ballot of the eligible voters in the community's defined area, no earlier than six months before the date the application is made to Scottish Ministers.
6. Within 14 days of the ballot, the community body must publish the results in a digital or paper edition of a newspaper circulating in the area and if you have a publicly accessible website or webpage, on that also.
7. The ballot result must be notified to Scottish Ministers within 21 days of the ballot taking place. If you are submitting the application for consent to Scottish Ministers within 21 days of carrying out the ballot you must include the ballot result with the application.
8. It is a decision of Scottish Ministers whether to consent to an application or not.
9. A community body's application is made publicly available on the Register of Applications by Community Bodies to Buy Land (RoACBL). This register is free to view via the Registers of Scotland website (https://roacbl.ros.gov.uk)
10. The right to buy is a compulsory right. This means that if consent is granted, the community body has the right to buy the land or tenant's interest even if the owner or tenant does not wish to sell.
11. The value of the land will be assessed by an independent valuer, paid for by Scottish Ministers. The price to be paid shall be either the price stated by the independent valuer, or the price stated by the Lands Tribunal for Scotland if the valuation provided by the valuer has been appealed.
12. The community body has 6 months to complete the purchase from the date that the application is consented to unless the assessment of the valuation has not been completed by 4 months after the consent date, or an appeal of the valuation has not been decided 4 months after the consent date, in which case the date for completion is 2 months after the date that the assessment is completed or the decision on the appeal. Any other extension to the 6 months must be agreed between the owner or tenant and the community body.
13. There are provisions which allow for the community body, owner and interested parties to appeal Ministers' decision on an application. Those wishing to appeal these decisions must lodge their appeal with the sheriff court within 28 days of Ministers' decision. There are also provisions which allow for an appeal of a valuation, such an appeal should be submitted, within 21 days of its notification, to the Lands Tribunal for Scotland.