Publication - Advice and guidance

Community right to buy abandoned, neglected or detrimental land: information for communities

Published: 31 Oct 2018

Information for communities thinking of applying for community right to buy abandoned, neglected or detrimental land.

20 page PDF

1.1 MB

20 page PDF

1.1 MB

Contents
Community right to buy abandoned, neglected or detrimental land: information for communities
What Is The Community Right To Buy Abandoned, Neglected Or Detrimental Land (ANDL)?

20 page PDF

1.1 MB

What Is The Community Right To Buy Abandoned, Neglected Or Detrimental Land (ANDL)?

  • A community right to buy ANDL is a process under Part 3A of the Land Reform (Scotland) Act 2003 (β€œthe Act”) by which community bodies may apply to acquire a right to compulsorily purchase land throughout Scotland.
  • Community bodies can apply for consent to acquire the right to purchase any land. Land can include bridges and other structures built on or over land, inland waters, canals and the foreshore. Scottish Ministers must be satisfied that the land is eligible either because it is wholly or mainly abandoned or neglected, or because the use or management is such that it results in or causes harm to the environmental wellbeing of the community. There are a number of types of land which are ineligible for example, land held by a Minister of the Crown or government department and land that forms the curtilage of the home.
  • The sale does not require a willing seller.
  • The community right to buy ANDL should be used where the community has identified abandoned, neglected or detrimental land and has proposals for that land that could further the achievement of sustainable development.

To be aware:

The community right to buy ANDL is one of a number of avenues available to help communities buy land. It might not be the best option for your community body (β€œCB”).

All options should be considered prior to submitting an application under the community right to buy ANDL (e.g. working in partnership with the landowner or agreeing a lease). Contacting any relevant regulator(s), and trying to purchase the land before submission of an application are requirements of the legislation.

Please note that if there are multiple titles, whether they are owned by the same person ( or is in joint/common ownership), you must submit an application for each individual title.


Contact

Email: Community Land Team