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Assets of community value

Under the 'community right to bid' (Localism Act, 2012) eligible groups:

  • can identify and nominate buildings and land (assets) that are of value to the local community
  • have a fair chance to make a bid to buy 'community assets' on the open market, if the owner decides to sell

You could use this 'right to buy' local community assets (private or public) such as:

  • village shop
  • community centre
  • library
  • children's centre
  • allotment
  • public house

Find out about:


Nominate an asset of community value

To begin the nomination process to add a building or land to the List of Assets of Community Value (see: successful nominations) you must:

Download an Assets of Community value nomination form

Alternatively, email us to request a paper copy.

Return your completed form by email or post to our Asset and Property Management Team

For assistance completing the nomination form (after referring to the guidance notes), contact our Asset and Property Management Team.

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Criteria for assets of community value

When we assess whether a particular building or piece of land is of community value, we must determine whether it meets the definition set out in Section 88 of the Localism Act, 2012.

A building or piece of land in our area is deemed to be of community value if, in our opinion:

  1. the current or main use of the building or land furthers the social interest or social wellbeing of the local community or a use in the recent past has done so, and it is realistic to think that there can continue to be a main use of the building or land which will further the social interests or social wellbeing of the local community, whether or not in the same way as before
  2. the main use of the building or land in the past furthered the social interests or social wellbeing of the local community and it is realistic to think that within five years the building or land can be brought back into a use that furthers the social interest or wellbeing of the local community, whether or not in the same way as before
  3. social interests include cultural, recreational and sporting interests, social wellbeing is that which people value in their life that contributes to them reaching their potential (economic, social or environmental)

There are some categories of assets that cannot be listed as assets of community value according to Schedule 1 of The Assets of Community Value (England) Regulations.

The main category is residential property, including land and outbuildings connected with a residential property. However, there is an exception where an asset which could otherwise be listed, contains integral residential accommodation, such as accommodation as part of a pub or a caretaker’s flat. Other exclusions include land licensed for use as a residential caravan site, and operational land as defined in Section 263 of the Town and Country Planning Act, 1990.

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Existing nominations for assets of community value

If you're considering nominating an asset of community value, you may find it helpful to view details of past nominations:

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Buying an asset of community value

Once an asset is on the List of Assets of Community Value (see: successful nominations), if the owner of that asset decides to sell the property they must inform us.

From the date we're informed of the owner’s intention to sell, an 'initial moratorium' of 6 weeks is in place - this is a temporary period during which the owner is prohibited from selling the asset.

During that time:

  • we'll inform the original nominator of the owner's intention to sell
  • we'll publish a notice in the local newspaper and on this website informing the public of the owner's intention to sell
  • expressions of interest in 'bidding' for the asset are welcomed from eligible community groups

At the end of the 6 week moratorium if no potential bidder has come forward, the asset can be sold on the open market.

If a written expression of interest from an eligible community group is received then a 'full moratorium' period becomes active, lasting 6 months from the date the owner of asset informed us of their intention to sell.

The full moratorium gives the potential bidder time to put an offer together and place a bid.

During the full moratorium the asset cannot be sold, unless it's sold to a community group.

When a bid is received by the owner of the asset they may choose to accept or decline the offer; it is not a requirement for the owner to sell to the community.

The owner of the asset may choose to sell the asset on the open market following due consideration of the community bid, and at the end of the 6 month full moratorium.

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Also see

 

Asset and Property Management

West Offices, Station Rise, York, YO1 6GA

Telephone: 01904 552167/553305