Publication - Advice and guidance

Community right to buy abandoned, neglected or detrimental land: full guidance

Published: 9 Nov 2018

Guidance in relation to Part 3A of Land Reform (Scotland) Act 2003 intended to support communities through the right to buy process from initial identification of land to the completion of a purchase.

Community right to buy abandoned, neglected or detrimental land: full guidance
1.12. Transfer of the land to the community body

1.12. Transfer of the land to the community body

Confirmation by the Part 3A CB

1.12.1. After the valuer has advised all parties of the valuation figure, the Part 3A CB has 21 days in which to send notice confirming that they intend to proceed with the Part 3A right to buy to Ministers and the landowner identified in the application (section 97P(1) of the Act). Following receipt of that notification, Ministers have 7 days in which to acknowledge receipt of and send a copy of that acknowledgement to the landowner.

Withdrawal

1.12.2. If, at any time after the Part 3A CB has confirmed that they wish to proceed to buy the land they decide that they want to withdraw that confirmation, they should notify this fact, in writing, to Ministers. Ministers will then, within 7 days of receiving such notice, acknowledge receipt and send a copy of that acknowledgement to the landowner. Should the Part 3A CB withdraw their application, the owner of the land may apply for compensation from the Part 3A CB (section 97T(1)(b) of the Act) (see section 1.13 on compensation). Such withdrawal will also result in the Part 3A right to buy being deleted from the RoACBL and any prohibitions on the land being lifted.

Completion of the purchase

1.12.3. The Part 3A CB is fully responsible for securing the expeditious exercise of the Part 3A right to buy (section 97Q(1) of the Act). They are required to:

  • prepare the documents necessary to effect the conveyance of the land and ensure that the subjects to be conveyed are the same as those specified in the consent to Ministers; and
  • in preparing these documents they must take into account all conditions imposed by Ministers (section 97L of the Act), if any.

1.12.4. A Part 3A CB will require the services of a solicitor to complete the conveyance of the land.

1.12.5. Where a Part 3A CB cannot fulfil their obligations to ensure that the subjects which are to be transferred are the same and meet all the conditions imposed by Ministers in their consent, because they are not owned by the person who is named as the owner in the application, the matter must be referred to Ministers (section 97Q(2) of the Act).

1.12.6. The owner of the land being bought is obliged to make available to the Part 3A CB such deeds and other documents as are sufficient to enable the Part 3A CB to proceed to complete its title to the land and to transfer the title accordingly (section 97Q(4) of the Act). Should they refuse or fail to make them available, or if they cannot be found within 6 weeks of the date on which Ministers consented to the application, the Part 3A CB can apply to the Lands Tribunal who may order the production of these documents (section 97Q(5) of the Act). Where the owner refuses or fails to transfer the title of the land the Part 3A CB can also apply to the Lands Tribunal to undertake that action. Where the clerk is so authorised, an action by them to adjust, execute and deliver such deeds or other documents as will complete the transfer will have the effect and force as if it were done by the owner (section 97Q(6) of the Act).

Completion of the transfer

1.12.7. The details of how the transfer of the land is to be completed are set out in section 97R of the Act. The Part 3A CB must pay for the land within 6 months from the date on which Ministers consented to the application (section 97R(2) of the Act). However, this date may be extended where:

  • the owner and the Part 3A CB agree to an extension of that period (section 97R(3)(a) of the Act);
  • the valuation (under section 97S of the Act) has not been completed by a date which is 4 months after the date when Ministers consented to the application: in such a case payment must be made within 2 months of the completion of that valuation (section 97R(3)(b) of the Act);
  • the valuation is the subject of an appeal which has not been determined within 4 months of the date when Ministers consented to the application: in such a case, payment must be made within 2 months of the date of the outcome of the appeal (section 97R(3)(c) of the Act).

1.12.8. Where the owner cannot grant a good and marketable title to the Part 3A CB by the date that the payment is due, then the consideration shall be held by the Lands Tribunal pending either the completion of the conveyance or notification to the court that the Part 3A CB has decided not to proceed to complete the transaction. If the Part 3A CB does not make payment by the due date, the application will be considered to have been withdrawn.

1.12.9. Any failure by the Part 3A CB, to complete the purchase may create a liability to pay compensation under section 97T of the Act for any loss or expense incurred.

1.12.10. The land that the Part 3A CB is acquiring will be disburdened of any heritable security (section 97R(6) of the Act). Where such a security also burdens other land which is not being acquired by the Part 3A CB, the security does not cease to burden that land (section 97R(7) of the Act).

1.12.11. The Part 3A CB will be required to pay the creditor of a security any sums which are due to them (section 97R(8) of the Act). The Part 3A CB may deduct any sums paid to the creditor in the standard security from the amount that they are to pay the landowner (section 97R(9) of the Act).


Contact

Email: Community Land Team