Right to buy land to further sustainable development (part 5)
This right to buy came into force in April 2020. It allows compliant community groups the opportunity to apply for the right to buy land to further sustainable development and includes salmon fishing, mineral rights and, significantly, this new right to buy allows a community body (which is subject to statutory regulation) to nominate a third party purchaser to take title to the ground being acquired. It should be noted that this latest right to buy is an absolute right to buy, meaning a community organisation may force the sale of land even where the owner of the land is not contemplating a sale.
We have produced guidance on this right to buy, and associated forms - also see below. However, anyone who is considering submitting an application should contact our Community Land Team in the first instance for further guidance.
Forms
The following forms should only be used for groups applying under Part 5 of the Land Reform (Scotland) Act 2016 the Right to Buy Land to Further Sustainable Development:
- written request to owner: form which must be used by the Part 5 Community Body to write to the owner requesting a transfer of the land.
- application for consent: form which must be used by the Part 5 Community Body to apply for the Right to Buy Land to Further Sustainable Development.
- publication of ballot result: form which must be used by the Part 5 Community Body to publish the result of the ballot to show community support.
- return of ballot result: form which must be used by the Part 5 Community Body to inform Scottish Ministers of the result of the ballot to show community support.
- application for grant towards liability for compensation: form which must be used by the Part 5 Community Body to apply to Scottish Ministers for a grant towards a liability for compensation.
- application for consent – guidance in completing the form: guidance for Community Bodies on completing the Application Form for the Right to Buy Land to Further Sustainable Development.
Guidance
- Right to buy land to Further sustainable development: information and guidance leaflet for community bodies, landowners and other interested parties
- Right to buy land to further sustainable development: information for communities
- Right to buy land to further sustainable development: easy read version for community groups
- Right to buy land to further sustainable development: information for landowners, tenants and creditors:
- Right to buy land to further sustainable development: application guidance
Contact
Email: CRTB@gov.scot
Community Land Team
Q Spur
Saughton House
Broomhouse Drive
Edinburgh
EH11 3XD