Assets of community value

No current listings.

The legislation provides that an asset satisfies the definition of an asset of community value if:

• the local authority decides that the actual main, current use of the building or land is to further the social wellbeing or social interests of the local community 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 wellbeing or social interests of the local community; or
• in the opinion of the local authority there is a time in the recent past when the actual and main use of the building or land furthered the social well-being or social interests of the local community and, it is realistic to think that there is a time in the next five years when there could be a main use of the building or land that would further the social wellbeing or social interests of the local community.

'Social interests' includes (in particular) cultural, recreational and sporting interests.

The legislation sets out that the following bodies can nominate an asset of community value for listing:

• a charity
• an unincorporated body whose members include at least 21 individuals and which does not distribute any surplus it makes to its members
• a body designated as a neighbourhood forum
• a company limited by guarantee which does not distribute any surplus it makes to its members
• an industrial and provident society which does not distribute any surplus it makes to its members
• a community interest company
• a parish council

Yes it does. Organisations whose activities are wholly or partly concerned with the local authority’s area or with a neighbouring authority’s area can make a nomination.

Certain other organisations can also nominate if any surplus they make is wholly or partly used for the benefit of the local authority’s area or for the benefit of a neighbouring authority’s area.

The legislation sets out that only community interest groups can bid for assets.

These are a charity, a company limited by guarantee which does not distribute any surplus to its members, an industrial and provident society which does not distribute any surplus to its members or a community interest company, in each case having a local connection to the building or land; or a parish council.

Decisions as to whether or not a nomination has been successful are made by the local authority. In making its decision the local authority must comply with the legislation.

Decisions as to whether or not a nomination has been successful are made by the local authority. In making its decision the local authority must comply with the legislation.

The local authority is required to make its decision within 8 weeks of receiving a nomination (providing it has received all of the relevant documentation).

The local authority will notify the owner and occupants of the asset that it is considering a nomination.

If the local authority decides to list the asset, it will notify the owner, occupant and the community nominee.

If the nomination is unsuccessful, the local authority will give the community nominee written reasons for its decision not to list.

No. The Local Authority must provide a reason for their decision.

The organisation has no right of appeal, but they can raise a formal complaint if they believe the process wasn’t followed correctly.

Yes there is. At the time when the local authority makes its decision it will take into consideration all relevant and available information.

However, if after the decision has been taken to list an asset, the asset owner contacts the local authority within 8 weeks (or such longer period as the local authority may allow) asking for the decision to be reviewed, the local authority is obliged to carry out an internal review of its decision.

This will generally be at an oral hearing which will be heard by a senior officer of the local authority who took no part in the original decision. If following that review (which must be completed within 8 weeks unless the parties agree otherwise) the local authority decides that the asset does not fit the criteria of an asset of community value, the asset will be removed from the list.

If the local authority decides not to remove the asset from the list, the owner has a further right of appeal to an external Tribunal.

If the local authority agrees to list an asset, it will then be included on the local authority’s register of assets of community value.

This register includes details of all successful nominations; the description of the asset; who nominated the asset; the date when the asset was designated as an ACV and when the designation expires. Members of the public will be able to view the list on the Council’s website.

As well as a list of successful nominations, the local authority is obliged to maintain a list of unsuccessful nominations in the previous five years.

This list will include a summary of the assets that were nominated; the asset owners; the nominating groups and the reasons for the decision not to designate the asset as an ACV.

Members of the public will be able to view the list on the Council’s website.

The legislation sets out that there are some assets that are exempt from listing. These are:

• a private residence and land connected with that residence
• statutory undertakers’ land
• caravan sites

The asset will remain on the list for 5 years, after which it will be removed.

However, it can then be re-nominated to go back on the list.

An asset can also be removed if, at any time, the local authority no longer considers it to be of community value.

Notice of removal is required to be given to the owner, occupant and the community nominee who originally nominated the asset to go on the list.

If the owner of an asset which has been included on the Council's Register of Assets of Community Value wants to enter into a “relevant disposal” of their property they must notify the Council in writing first.

The Council is then required to publicise the proposed disposal of the asset and notify the community group that originally nominated the asset for listing of the proposed disposal.

There is then an initial moratorium period of 6 weeks during which an eligible community interest group may make a request to be treated as a potential bidder.

If such a request is made, there is then a full moratorium period of 6 months to give the community interest group an opportunity to prepare a bid.

During that 6-month period, the owner may sell to an eligible community interest group but no one else.

At the end of the 6-month period, the owner is not obliged to accept a bid from a community interest group and can sell to whoever they choose until a further 12-month period expires.

However, if no sale takes place during that 12-month period and the owner subsequently wishes to enter into a relevant disposal, the above process must be repeated.

There is no obligation on the owner to accept a bid put forward by the community group, however, if the land is not sold to another buyer within 12-months, the owner must notify the Council again of its intention to dispose of the asset.

A relevant disposal is defined in the Localism Act as meaning either the sale of the freehold or the grant of a new lease of more than 25 years.

The Council will ensure that the relevant provisions of the Localism Act are followed whenever it is notified of a proposal to make a relevant disposal of any asset which has been listed on the Council's Register of Assets of Community Value.

However, a relevant disposal is defined in the Localism Act as meaning either the sale of the freehold or the grant of a new lease of more than 25 years.

The grant of a lease for less than 25 years would not be a relevant disposal for the purposes of the Act and therefore falls outside of the above provisions.

The Council has no discretion over this. It should also be noted that these provisions only apply to a disposal of a listed asset, not a change of use which is a Planning matter.