Community Rights to Buy: consultation analysis

3.7 Appeals

Q17: Should the period allowed to submit an appeal be extended to allow both parties to make a more informed decision on whether to appeal?

This question first invited respondents to choose from Yes/No/Unsure.

The accompanying free text box also invited comments on the following basis: “If so, how long should it be, given that the asset is free to be sold if the application is rejected?”

There was a total of 49 standard responses to this question with 48 respondents selecting a voting option and 31 providing additional comments in the free text box.

Regarding the voting options, the breakdown was as follows:

Summary

A majority of respondents were in favour of a change to the time period, most saying that it was not long enough to come to an informed and legally advised decision whether or not to appeal.

Those against noted that the period is in line with other appeal periods, and that the owner is still under restrictions during this period, so prolonging it further could have a material impact on their onward sales.

Themes

A majority of respondents favoured an increase with most of those using the free text box to add that they favoured an increase up to 8 weeks. Many respondents also suggested 3 months. Six months was also suggested given the time that other parts of the community right to buy process can take.

“The current 28-day window may not give enough time for community groups or landowners—especially in rural areas with limited access to legal advice—to fully understand the decision and decide whether to appeal.” (National Sheep Association)

“Yes, the appeal period should be extended to allow both parties to make informed decisions, especially where legal or financial advice is needed. The board of a community body will be volunteers and may need to consult with their members before deciding whether to appeal.” (Community Enterprise)

Those opposing used the free text box to advocate for no change to the time period, mainly due to the importance of speed and to keep it consistent with other time periods for appeals.

“28 days is sufficient to make this determination, and any extension will further obstruct the ability for parties to progress with their plans.” (Atholl Estates)

“We do not consider this appropriate as currently, the appeal period is consistent with other periods for appeals. Furthermore, we consider that this may cause issues with the fair sale process, and the CRTB shouldn’t have any more impact on a willing buyer or seller than is necessary.” (Law Society of Scotland)

Those unsure noted the need to take into account groups getting organised for an appeal, especially given the need to prepare legal arguments. The uncertainty the appeals process brings for all interested parties was noted as something that should be kept in mind if considering extending the time period.