Publication - Advice and guidance

Right to Buy Land to Further Sustainable Development: easy read version for community groups

Published: 31 Aug 2020

A short guide for community groups giving details of the steps required to be undertaken when submitting an application under Part 5 of the Land Reform (Scotland) Act 2016.

Right to Buy Land to Further Sustainable Development: easy read version for community groups
Step 2 – The Application

Step 2 – The Application

The application form has several sections, and you must complete them as fully as you can. The Community Land Team are happy to work with you to give you guidance on completing your application, but we cannot tell you what to write, that is for you to decide.

There are several key things that you need to demonstrate to us:

  • You have identified the correct owner, and where the application is in respect of a tenant's interest, tenant as well as any creditors with a standard security over the land and a third party purchaser if nominated.
  • You have identified the land you wish to buy or where the application is to buy a tenant's interest, the land to which the tenant's interest relates, and all right and interests in it, and that the land (or land to which the tenant's interest relates) is in, or sufficiently near to your community, is sufficiently near to land with which the community has a connection or a significant number of members of your community have a connection to the land.
  • If you are looking to purchase the tenant's interest, please note that you must also have applied to buy the land itself, and that they are two separate applications.
  • You tell us why it is in the public interest to transfer the land or tenant's interest.
  • What you plan to do with the land and why your plans are likely to further the achievement of sustainable development in relation to the land.
  • Why the transfer of land or tenant's interest is likely to result in significant benefit to your community, why it is the only practicable, or most practicable way to achieve that benefit.
  • Why, if consent is not granted, it would be likely to cause harm to your community.

When you send your application to us, you must also send it to the owner and, where the application is to buy a tenant's interest, the tenant. In addition, you must also send it to any creditors, and the third party purchaser (if you are nominating one).

Once we have received your application, we will check to see if it is complete and compliant. If so, we will invite the parties noted above, as well as owners of adjoining land, and anyone else Ministers view as having an interest in the application, to give us their views on your application.

At the same time, we will issue a public notice about your application, which will also invite views to be sent to us.

Once the application appears on the Register of Applications by Community Bodies to Buy Land, a prohibition on transfers of the land and, where the application is to buy a tenant's interest, assignation of the tenant's interest is in place. This prevents the owner or tenant from taking any steps to transfer the land or tenant's interest, until the application process has been completed.


Contact

Email: crtb@gov.scot