Welcome to the Assets of Community Value Pages
What is this?
This new Community Right (sometimes called the “Community Right to Buy” or “Community Right to Bid”) allows defined community groups, including Parish Councils, to ask the Council to list certain assets as being of “community value”. This is designed to give communities more opportunities to take control of the assets and facilities important to them.
If an asset is listed and then comes up for sale, the new right could give communities that want it a total of 6 months to put together a bid to buy it (including a 6-week cut-off for an initial proposal to be put forward).
Please see the current Register of Assets of Community Value for B&NES.
Summary of the process of assessing nominations and review
Who can nominate?
The following organisations are eligible to nominate assets
(a) A properly-designated “Neighbourhood Forum”
(b) A Parish Council
(c) An unincorporated body—
(i) Whose members include at least 21 'local members'. A 'local member' means, broadley speaking, a member who is registered as a local government elector in the local authority's area or the neighbouring authority's area. We ask that before providing names within an application that you have permision to do so.
(ii) Which does not distribute any surplus it makes to its members
(d) A charity
(e) A company limited by guarantee which does not distribute any surplus it makes to its members
(f) An industrial and provident society which does not distribute any surplus it makes to its members or
(g) A community interest company
The nominating group will also need to have a “local connection” with the asset, which broadly means the group must demonstrate that its activities are wholly or partly concerned with the Bath and North East Somerset area or with a neighbouring authority (which shares a boundary).
Please contact us if you need any advice about whether your group qualifies under the above.
What is an asset of community value?
There are certain assets that cannot be listed. These are set out below:
1. A residence together with land connected with that residence, as defined in the regulations
2. Land in respect of which a site licence is required under Part 1 of the Caravan Sites and Control of Development Act 1960
3. Operational land as defined in section 263 of the Town and Country Planning Act 1990(c).
Again, please contact us if you require any advice or clarification on this
Once the above criteria are met, an asset is one of community value if in the opinion of Bath and North East Somerset Council
(a) an actual current use of the building or other land that is not an ancillary use furthers the social wellbeing or social interests of the local community, and
(b) it is realistic to think that there can continue to be non-ancillary use of the building or other land which will further (whether or not in the same way) the social wellbeing or social interests of the local community.
(a) there is a time in the recent past when an actual use of the building or other land that was not an ancillary use furthered the social wellbeing or interests of the local community, and
(b) it is realistic to think that there is a time in the next five years when there could be non-ancillary use of the building or other land that would further (whether or not in the same way as before) the social wellbeing or social interests of the local community.”
The Regulations published by government provide more detail on how this process works:
What happens once an asset is listed?
Once an asset is listed, the owner cannot then dispose of it without:
- letting the local authority know that they intend to sell the asset or grant a lease of more than 25 years
- waiting until the end of a six week ‘interim moratorium’ period if the local authority does not receive a request from a community interest group to be treated as a potential bidder
- waiting until the end of a six month ‘full moratorium’ period if the local authority receives a request from a community interest group to be treated as a potential bidder
- The owner does not have to sell the asset to the community interest group.
How to make a Community Nomination
A decision will be made within 8 weeks of the receipt of a completed nomination form on whether to list the asset. The asset will then be placed on a list of successful and unsuccessful nominations on the Council’s website. A list of nominations currently being considered will also be available.
If you are interested in pursuing the nomination of an asset, please complete our nomination form in accordance with our guidance notes and if you wish to receive further information please contact us at firstname.lastname@example.org
What help is available?
There are a wide range of resources, including information from Locality on grant funding, available to help you make use of this right and to take better control of your local community assets.