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
The Application Form

The Application Form

The application form requires information including:

  • Section 1 – name of the CB.
  • Section 2 – contact information and membership details of the CB; and the community definition (both written and mapped).
  • Section 3 – details of the land for which consent for the right to buy is sought (both written and mapped) and details of the community’s connection to the land. Further guidance relating to submitting compliant maps is provided at pages 4 and 5.
  • Section 4 – details of the ownership of the land; details of those who have legally enforceable rights such as leases over the land and creditors with a standard security over the land; details of the steps taken by the CB to identify owners or creditors; and types of rights or interests over the land and maps of such areas.
  • Section 5 – details of why you believe that the land is eligible under the Act and reasons for your choice; if required, identification of the relevant regulators, your request to them and their responses and how continued ownership by the current owner makes it unlikely that the harm will be diminished or removed.
  • Section 6 – details of the CB’s steps to acquire the land, including terms and date of the offer to purchase the land and the owners response.
  • Section 7 – details of community support and whether the ballot results form part of the application or have previously been notified to Scottish Ministers (and if so, on what date).
  • Section 8 – details of the CB’s proposals for the land, and details of how the acquisition of the land will be compatible with furthering the achievement of sustainable development and how sustainable development would be unlikely to be furthered under the current ownership.
  • Section 9 – reasons why it is in the public interest for Scottish Ministers to consent to the application for a right to acquire the land. CBs should consider the economic, environmental and social benefits their proposals will bring.
  • Section 10 – the declaration must be signed by two different board members, charity trustees or committee members of the CB. By signing the declaration they are confirming that they are authorised by the CB to sign the application form, and that they understand that if any information provided is inaccurate then Scottish Ministers may not consider the application.

To be aware:

The Community Land Team is happy to look over draft applications before a final application is submitted.

All applications received by Scottish Ministers are made publicly available on the Register of Applications by Community Bodies to Buy Land (RoACBL).

You must answer all applicable questions on the application form and provide the required supporting documentation. If you provide Scottish Ministers with the incorrect or missing information Scottish Ministers will decline to consider your application.

Any maps, plans or other drawings submitted as part of the application must conform to the requirements in the community right to buy regulations (SSI 2018/1400).


Contact

Email: Community Land Team