Community right to buy review: consultation - easy read

Community rights to buy – ways to make it better

Combining the rights

There are currently 4 different kinds of Community Rights to Buy in Scotland. This is quite complicated. It can make it difficult for community groups to know what they can buy and how.

The Scottish Government is thinking about combining some rights. There would be 1 compulsory right instead of 3. There would be 1 non-compulsory right. Compulsory means if the community group makes a successful application then the owner must sell it to them. Non-compulsory means the community group will have the opportunity to buy the land.

The Crofting Community Right to Buy says buying the land must be in the public interest. It must also be used for sustainable development.

Communities have the Right to Buy land if they can show it is abandoned, neglected or harmful to the community. It must be proved that the land is harmful to the community.

The Right to Buy Land to Further Sustainable Development is about the benefits of giving the land to the community. It is also about the harm that could result if this does not happen.

If these rights are combined into 1 new compulsory right then this will need to be done carefully. This is because it might have an impact on the rights of the landowners.

Question 1. Do you think that the 3 existing compulsory rights should be made into 1?

Yes

No

Please explain your answer in the box below:

Question 2. Should the new rights have options based on the condition of the land?

Yes

No

Unsure

Please explain your answer in the box below:

Question 3. Or should the new rights have options based on use of the land?

Yes

No

Please explain your answer in the box below:

Community groups

The rules on Community Rights to Buy say that community groups must have at least 10 members. 75% of them must live in the community and be able to vote.

Some groups have found the 75% level is difficult to meet. The Scottish Government suggests lowering this to over 50%. This will make the process more accessible while keeping local control.

Question 4. Do you agree that the number of voting residents should come down to over 50% of the community?

Yes

No

Please explain your answer in the box below:

Community groups must have at least 10% of their local voting members attend general meetings. This is to make sure decisions reflect the views of the community.

The Scottish Government still supports this idea. It is now asking if 10% is enough to represent the community’s voice.

Question 5. Should the number of members needed to attend be changed from 10%?

Yes

No

Please explain your answer in the box below:

Petitions and ballots

Some parts of the Community Right to Buy process need proof that the community supports the application.

For non-compulsory rights this is through a petition. A petition is a written request signed by a number of people. Compulsory rights need a community ballot. A ballot is a vote.

Currently a petition needs at least 10% support for standard applications. It needs 15% for late ones. Ballots need at least 50% voter turnout with half of those voting in favour. So at least 25% of the community must support the proposal.

The Scottish Government has been told that these numbers can be hard for community groups to meet. We are wondering if this should be lower while still making sure there is strong community support.

Question 6. Could the levels of community support and turnout needed be less?

Yes

No

Please explain your answer in the box below:

Question 7. Should the vote need a minimum number of people from the community?

Yes

No

Please explain your answer in the box below:

Question 8. If there is no minimum of people that need to vote, is it important to think about how many people did not support it?

Yes

No

Please explain your answer in the box below:

Late applications

A community right to buy application is called late if it is made after the landowner has started to take steps to sell the land or building. But the rules do not say what these steps must be.

Late applications can still be approved if the community group had started making an application. The owner must pause the sale until Scottish Ministers decide whether to approve it.

The number of late applications has dropped over time.

Question 9. Should the Scottish Government make changes to the rules for late applications?

Yes

No

Please explain your answer in the box below:

Question 10. For a late application to be accepted, 15% of a community should support it. Should the number change?

Yes

No

Please explain your answer in the box below:

Question 11. Should a community group need to show a plan for what they want to do with the land?

Yes

No

Please explain your answer in the box below:

Third-party purchasers

The current rules allow community groups to choose a third-party purchaser like a housing association to buy land or buildings for them. This could be because the community group does not have the right experience.

There is no need for that third party to have a proper structure, agreement with the community, or a business plan for the land or building.

Question 12. Should we keep the same rules about third party purchasers?

Yes

No

Please explain your answer in the box below:

Option agreements

Option agreements are private legal contracts. They are between a land or building owner and a third party. This can prevent an application for community right to buy. Community groups often do not know about them before applying.

The Government is thinking about changing the rules to mean that community right to buy is allowed if the option agreement does not happen.

Question 13. Do you think we should change the rules about option agreements?

Yes

No

Please explain your answer in the box below:

Appeals

After the Scottish Government makes a decision on a community right to buy the law says there are 28 days to appeal.

Appeals are usually made by community groups if they are not allowed to buy. Or by a landowner who does not agree to sell to the community. The appeals are heard by the local Sheriff Court. The Sheriff’s decision is final.

Question 14. Do you think the time limit should be more than 28 days? This gives people more time to appeal.

Yes

No

Please explain your answer in the box below:

Registration

The owner cannot sell the land or building for 5 years after a non-compulsory application is approved. They must offer it to the community group at market value. But they can still rent or develop it.

The Scottish Government is thinking about extending this 5-year period. This would make things easier for community groups because reapplying can be time-consuming and complicated.

Question 15. Should the registration period be extended from the 5-year period?

Yes

No

Please explain your answer in the box below:

Any other comments

Question 16. Do you wish to make any other comments about the community right to buy?

Please explain your answer in the box below: