The Right to Buy Land to Further Sustainable Development: information for communities

A guide for communities explaining Part 5 of the Land Reform (Scotland) Act 2016 in respect of The Right to Buy Land To Further Sustainable Development.

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The Application Form

The application form requires information including:

Section 1 – name of the community body.

Section 2 – contact information and membership details of the community body; and the community definition (both written and mapped); details of third party purchaser (if any).

Section 3 – details of the land or tenant's interest for which consent for the right to buy is sought (both written and mapped) and details of the community's connection to the land or land associated with the tenant's interest. Further guidance relating to submitting compliant maps is provided at pages 10 and 11.

Section 4 – details of the ownership of the land; where the application is in respect of a tenant's interest, the details of the tenant; details of those who have legally enforceable rights such as leases over the land and creditors with a standard security of the land; and details of the steps taken by the community body to trace owners, tenants or creditors; types of rights or interests over the land and maps of such areas.

Section 5 – details about the ballot.

Section 6 – details of the community body's steps to acquire the land or tenant's interest, including evidence of the written request to transfer and any terms and date of any offer to transfer.

Section 7 – details of the community body's proposals including why the acquisition of the land or tenant's interest is likely to further the achievement of sustainable development in relation to the land.

Section 8 – The declaration at the end of the form must be signed by two different members of the community body. By signing the declaration they are confirming that they are authorised by the community body to sign the application form, and that they understand that if any information provided is inaccurate then Scottish Ministers may not register the application. Where there is a third party purchaser, they must also sign the declaration on the last page. If the third party purchaser is an organisation, two representatives must sign on behalf of the organisation.

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 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 Right to Buy Land to Further Sustainable Development (Applications, Written Requests, Ballots and Compensation) (Scotland) Regulations 2020 (SSI 2020/21).



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