12 Points On The Community Right To Buy
1. The Community Right to Buy in Part 3A of the 2003 Act relates to all land in Scotland, unless it is ineligible land, such as an individual’s home or land held by a Minister of the Crown or government department.
2. The community right to buy ANDL may only be exercised by a properly constituted CB, that is a CLBG, a SCIO or a BenCom. The CB must have a minimum of 10 members, three-quarters being from the CB’s defined “community”. Ministers must be satisfied that a CB’s main purpose is consistent with furthering the achievement of sustainable development. This is achieved by including this within the CB’s purposes in their constitutional document.
3. CBs should send their articles of association, constitution, or registered rules (depending on the type of body formed) to Scottish Ministers to check that they comply with the requirements of the Act, before an application to register a community interest in land is submitted. Scottish Ministers must confirm in writing that they are satisfied that the main purpose of the CB is consistent with furthering the achievement of sustainable development before an application for consent can be submitted.
4. Before submitting an application, the CB, must have tried and failed to buy the land.
5. Before submitting an application, the CB, must have carried out a ballot of the eligible voters in the community’s defined area, no earlier than six months before the date the application is made to Scottish Ministers.
Within 14 days of the ballot, the CB must publish the results in a digital or paper edition of a newspaper circulating in the area and if you have a publicly accessible website or webpage, on that also.
The ballot result must be notified to Scottish Ministers within 21 days of the ballot taking place. If you are submitting the application for consent to Scottish Ministers within 21 days of carrying out the ballot you may include the ballot result and supporting documents as part of the application.
6. If you are seeking to acquire land where the use or management results in or causes harm to the environmental wellbeing of the community then you must provide evidence in the application to show that you have contacted all relevant regulator(s). You will also have to state what actions any regulator has taken, if any, to remedy the harm (or action that is causing the harm) to the community.
7. It is a decision of Scottish Ministers whether to consent to an application or not.
8. A CB’s application is made publicly available on the Register of Applications by Community Bodies to Buy Land (RoACBL). This register is free to view via the Registers of Scotland website (https://roacbl.ros.gov.uk)
9. The community right to buy ANDL is a compulsory sale. The right to buy is activated if Scottish Ministers give consent to the application.
10. The value of the land will be assessed by an independent valuer, paid for by Scottish Ministers. The price to be paid shall be: (i) the price stated by the independent valuer, or (ii) the price stated by the Lands Tribunal for Scotland if the Ministers’ valuation has been appealed.
11. The CB has 6 months to complete the purchase from the date that the application is consented to. Any extension to this date must be agreed between the owner and the CB.
12. There are appeal provisions which allow for the CB, owner and interested parties to raise objections to Ministers’ decisions. Those wishing to appeal these decisions must lodge their appeal with the sheriff court within 28 days of the Ministers’ decision. If the appeal relates to a valuation, an appeal should be submitted, within 21 days of its notification, to the Lands Tribunal for Scotland.
Email: Community Land Team