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 Consent Process/Timescales

The Consent Process/Timescales

Stage 1: A compliant application is received by Scottish Ministers. This includes ballot results, if these have not already been notified to Scottish Ministers, maps or drawings and any other supporting documents.

Stage 2: CB also send copies of the full application to the owner(s) and any heritable creditors. Scottish Ministers send notification of the application to the landowner, any creditors and any tenants, inviting them (plus any others as determined by Scottish Ministers) to provide views on the application. Once the application appears as pending on the Register of Applications by Community Bodies to Buy Land, a prohibition on any transfer of the land, or any action being taken with a view to transfer of the land is put in place.

Stage 3: The landowner, creditor and other parties have 60 days from the date of the invitation to provide views on the application (if they wish).

Stage 4: If views are received, these will be forwarded to the CB who will have 60 days to provide any comments.

Stage 5: The CB and landowner, creditor, adjacent landowners and other parties will be notified of the Scottish Ministers’ decision. Scottish Ministers cannot make a decision on the case before a further 60 days have passed, from the last day of the previous 60 day period. (total number of days from receipt of application = 180)

Stage 6: If consent to proceed is given, the valuation of the land is undertaken by an independent valuer appointed by Scottish Ministers within seven days of granting of consent. A valuation can be appealed to Lands Tribunal for Scotland within 21 days of notification date. The valuation process can take up to 8 weeks.

Stage 7: The CB, landowner, creditor or member of the community can appeal the Scottish Ministers’ decision by lodging an appeal with the Sheriff, within 28 days of the date of the decision.

Stage 8: If consent is given, the CB will have 6 months from the decision date to complete the transfer, or later, by agreement. If consent is not given, Scottish Ministers will remove the prohibition placed on the land, on the day detailed in the community right to buy Regulations (2018/201) which is determined by factors detailed in those Regulations.

To be aware:

Any failure by Scottish Ministers to comply with the timescales within which they must make their decision does not affect the validity of their decision.


Contact

Email: Community Land Team