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 Price To Be Paid For The Land Or Tenant's Interest

If Scottish Ministers give consent for the acquisition of the land or the tenant's interest, they will appoint an independent valuer to assess the market value within 7 days of giving consent. The valuer will have eight weeks to give notice of the assessed value.

As part of the valuation process, the valuer will invite representations from the owner, tenant (where a tenant's interest is being purchased), third party purchaser (if nominated) and the community body about the value of the land or tenant's interest. Cross representation also forms part of this process so both parties have a chance to comment on the submissions made by the other party to the valuer.

The consideration is as assessed by the independent valuer, appointed by Scottish Ministers or, if the valuation is appealed, an amount determined by the Lands Tribunal for Scotland.

The date of entry and payment of the consideration must be within six months from the date of Scottish Ministers decision to consent to the acquisition of the land, however, a later date can be agreed by both parties or, where the assessment of the valuation has not been completed within 4 months of the consent date or where the valuation or determination is subject to an appeal which has not been decided within 4 months of the consent date. In these circumstances completion is to take place no later than 2 months after the assessment or determination is completed or there is a decision on an appeal.

To be aware:

Any failure by Scottish Ministers to comply with the timescales does not affect the validity of their decision.



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