Publication - Guidance

Community right to buy: guidance for applications made on or after 15 April 2016

Published: 21 Mar 2016

Guidance for community bodies, landowners and creditors in a standard security with the right to buy the land and third parties with an interest in land to be registered under the community right to buy provisions.

142 page PDF

1.5 MB

142 page PDF

1.5 MB

Contents
Community right to buy: guidance for applications made on or after 15 April 2016
Annex A

142 page PDF

1.5 MB

Annex A

Registering a community interest in land
Timeous application Late application
Community body ( CB) applies to Scottish Ministers to register a community interest in land before land is offered for sale (at least 10% community support normally required). Ministers have 63 days from the date of receipt of the application to make a decision on the case (s.37). Exceptionally, a community body ( CB) applies to register an interest after land is offered for sale but before the deadlines set out in s.39(1). Ministers have 30 days from the date of receipt of the application to make a decision on the case.
On receipt of a CB’s application, Scottish Ministers invite views from landowner (and creditor if there is a standard security on the land) (s.37(5)(a)) and place a temporary prohibition while considering the application (s.37(5)(e)). On receipt of a CB’s application, Scottish Ministers invite views from landowner (and creditor if there is a standard security on the land) (s.37(5)(a)) and place a temporary prohibition while considering the application (s.37(5)(e)).
Landowner (and creditor) has 21 days from the date of invitation from Ministers to provide views on the application (s.37(5)(b)).

Timescale may be affected by local and public holidays in the area where the interest is being registered (s. 67A).
Landowner (and creditor) has 21 days from the date of invitation from Ministers to provide views on the application (s.37(5)(b)).

Timescale may be affected by local and public holidays in the area where the interest is being registered (s. 67A).
Scottish Ministers invite comments from CB on the landowner’s (and creditor’s) views, if these have been submitted (s.37(9)(a)).

Timescale may be affected by local and public holidays in the area where the interest is being registered (s. 67A).
Comments are not sought from CB on the “landowner’s” and “creditor’s” views (s.39(2)(b)(i)).

Timescale may be affected by local and public holidays in the area where the interest is being registered (s. 67A).
CB has 21 days from the date of invitation from Ministers to comment on views from the landowner (and creditor) (s.37(9)(b)).

Timescale may be affected by local and public holidays in the area where the interest is being registered (s. 67A).
Scottish Ministers approve or reject the application, normally within 63 days of receipt of a CB’s application to register a community interest (s.37(17)). If approved, a prohibition is placed on the land (s.40(1)).

Timescale may be affected by local and public holidays in the area where the interest is being registered (s. 67A).
Scottish Ministers approve or reject the application, normally within 30 days of receipt of a CB’s application to register a community interest (s.37(17)). If approved, a prohibition is placed on the land (s.40(1)).

Timescale may be affected by local and public holidays in the area where the interest is being registered (s. 67A).
If registration is approved
Landowner has 28 days from the date on which Ministers made their decision to appeal to the sheriff against registration (s.61(1)); or

CB has 28 days to appeal to sheriff against a decision not to register a community interest (s.61(2)); or

Third party has 28 days to appeal to the sheriff against the Ministers’ decision (s.61(3)).
Landowner has 28 days from the date on which Ministers made their decision to appeal to the sheriff against registration (s.61(1)); or

CB has 28 days to appeal to sheriff against a decision not to register a community interest (s.61(2)); or

Third party has 28 days to appeal to the sheriff against the Ministers’ decision (s.61(3)).
CB can re-apply if its first attempt is unsuccessful (s.46). CB can re-apply if its first attempt is unsuccessful (s.46).
Exercising the right to buy when the land comes up for sale
If land is subject to a registered interest, the landowner notifies the forthcoming
sale/transfer to Scottish Ministers and the CB with a registered interest (s.48(1)). The right to buy applies only to land registered under the 2003 Act.
s.39(4)(a) The landowner is deemed to have given notice under s.48(1) that a transfer is proposed and the CB is deemed to have confirmed that it will exercise its right to buy (s.39(4)(b)).
Within 7 days of the receipt of the landowner’s notification to sell the land (s.49(2)), Scottish Ministers will: (a) send a notice to the CB seeking confirmation that it will exercise its right to buy; and

(b) send to the landowner notification of the Ministers’ compliance with (a).
CB has up to 30 days from the date of the notice from Scottish Ministers in which to confirm whether it will exercise its right to buy (s.49(4)).

CB also notifies the landowner and Scottish Ministers that it will exercise its right to buy (s.49(5)).

If the CB does not provide confirmation within 30 days, the right to buy is extinguished.
Exercising the right to buy when the land comes up for sale – cont.
Scottish Ministers appoint a valuer within 7 days of the CB confirming that it wishes to proceed with its right to buy (s.59(1)). Scottish Ministers will appoint valuer within 7 days from the date of registration approval (s.59(1)).
Appointed valuer invites the landowner and CB to give their views on the value of the land. If written views are received, the other party is given the opportunity to comment on those views. The valuer notifies the assessed value within 8 weeks of their appointment date or longer by agreement with Ministers (s.60). Appointed valuer invites the landowner and CB to give their views on the value of the land. If written views are received, the other party is given the opportunity to comment on those views. The valuer notifies the assessed value within 8 weeks of their appointment date or longer by agreement with Ministers (s.60).
Landowner or CB may appeal against valuation within 21 days of the date on which the valuation was made known to the CB (s.62). Landowner or CB may appeal against valuation within 21 days of the date on which the valuation was made known to the CB (s.62).
A ballotter appointed by Scottish Ministers ballots community on the purchase. If ballot fails to secure majority or community withdraws, the registration is extinguished (s.51(2), s.51A(1) and 52(2)). A balloter appointed by Scottish Ministers ballots community on the purchase. If ballot fails to secure majority or community withdraws, the registration is extinguished (s.51(2), s.51A(1) and 52(2)).
CB confirms to Scottish Ministers that it wishes to exercise the right to buy (s.51(1)). Notification of the result of ballot is provided by the balloter (s.52(3)), compliance with s.51(3), provision of business plan/feasibility study and confirmation of its intention to buy, within 28 days beginning with the date when the valuer notified the CB of the assessed value of the land and any moveable property. CB confirms to Scottish Ministers that it wishes to exercise the right to buy (s.51(1)). Notification of the result of ballot is provided by the balloter (s.52(3)), compliance with s.51(3), provision of business plan/feasibility study and confirmation of its intention to buy, within 28 days beginning with the date when the valuer notified the CB of the assessed value of the land and any moveable property.
Scottish Ministers consider the CB’s application and notify the CB and landowner of their decision within 21 days of receiving the ballot result (s.51(5)). Scottish Ministers consider the CB’s application and notify the CB and landowner of their decision within 21 days of receiving the ballot result (s.51(5)).
CB has 8 months from the date on which it confirms to Ministers that it wishes to proceed with the right to buy (or 2 months from determination of appeal, if appeal is longer than 4 months, or later if agreed by both parties) to conclude missives, otherwise the right to buy falls (s.56(3)). CB has 8 months from the date of the approval of its registration of a community interest in land (or 2 months from determination of appeal, if appeal is longer than 4 months, or later if agreed by both parties) to conclude missives, otherwise the right to buy falls (s.56(3)).
Upon payment of the purchase price and recording of title, the cb owns the land

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