This booklet gives an overview of the Right to Buy Land to Further Sustainable Development
("Part 5") process and provides some tips for communities thinking about using the right to buy process, and for community bodies, tenants or landowners who may be involved in a right to buy.
Part 5 of the Land Reform (Scotland) Act 2016 ("the 2016 Act"), the Right to Buy Land to Further Sustainable Development, provides the opportunity for communities across Scotland to apply for a compulsory right to buy at market value.
The flowcharts on pages 6 and 7 show the right to buy process from beginning to end.
The stages in the flowchart show which sections of the 2016 Act apply.
Before a community can submit a Part 5 application for consideration by Scottish Ministers, it needs to form a community body. The types of entity that a community body can be and other helpful points are included in the "13 points on the Right to Buy" on page 4 and 5.
A ballot of the eligible voters in the community body's defined area must be undertaken within six months before the date the application is made to Scottish Ministers. You may seek to undertake the ballot yourselves or may wish to consider seeking professional advice or services. Within 14 days of the ballot, the community body 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 community body must notify Scottish Ministers of the ballot result 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 must include the ballot result with the application. A form for submitting the ballot result to Scottish Ministers can be found on the Scottish Government website.
For any application you will also have had to provide evidence that the compliant Part 5 community body has requested a transfer of the land from the owner or, as the case may be, to the tenant requesting the assignation of the tenant's interest, using the form on the Scottish Government website at least 6 months prior to making the application.
Community bodies can submit an application for a wide range of land such as woodlands, forests, fields, reservoirs, public houses, churches, schools and community centres.
Please note that if there are multiple titles, even if each is owned by the same person (or commonly or jointly owned by the same people), the community body must submit an application for each individual title.
If Scottish Ministers grant consent to proceed with the acquisition, the community body must secure funds for the purchase of the land or tenant's interest, and complete the transfer of the land within six months of consent being given, or by a later date if agreed by both the owner or tenant and the community body.
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