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.
How to form a community body
Before you submit an application, you must receive a compliance letter from Scottish Ministers confirming that the community body’s governing document is compliant with all of the provisions of the relevant part(s) of the Land Reform (Scotland) Act 2016.
We have produced the following templates and guidance on how to form a community body complaint with the Land Reform (Scotland) Act 2016, and how to apply to register an interest:
- Company Limited by Guarantee (CLBG): model template and guidance
- Scottish Charitable Incorporated Organisation (SCIO): model template and guidance
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.
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.
Notification of applications received
Applications and supporting documents can be found on the Register of Applications By Community Bodies to Buy Land.
Community Land Team