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.

Community right to buy abandoned, neglected or detrimental land: information for communities
Who Can Apply?

Who Can Apply?

Your community must form a CB to apply for consent to purchase land. This must either be a:

  • company limited by guarantee;
  • Scottish charitable incorporated organisation; or a
  • community benefit society.

Your CB must comply with the relevant requirements of Section 97D of the Act.

Along with other requirements of section 97D of the Act, the CB must (for example):

  • be controlled by members of the community;
  • be defined geographically;
  • meet the requirements for defining your community as set out in section 97D of the Act; and
  • ensure its main purpose is consistent with furthering the achievement of sustainable development.

Scottish Ministers must have given written confirmation that the main purpose of the CB is consistent with furthering the achievement of sustainable development before the CB can apply for consent to purchase the land under the Act.

It is recommended that only once your CB receives the compliance letter, it registers its articles of association, constitution or registered rules with the relevant governing body (Companies House, the Office of the Scottish Charities Regulator or the Financial Conduct Authority, as appropriate for the type of body formed).

To be aware:

A CB must notify Scottish Ministers of any changes to its name, changes to the address of its registered or principal office, or any changes to their governing documents.


Contact

Email: Community Land Team