The Localism Act (2011) details the Regulations for Assets of Community Value and sets out the principles of the Community Right to Bid.
The right came into force on 21st September 2012 and its purpose is to give communities a right to identify a property that is believed to be of value to their social interests or social wellbeing. It is also intended to give them a fair chance to make a bid to buy a property on the open market if the property owner decides to sell. Currently only eligible community groups, local parish councils, local neighbourhood planning forums and charities can nominate an asset.
Making a nomination
It is important that your community group is eligible to nominate so you can only do this if you answer yes to the two questions listed below:
- Do you have a local connection to the property you are wishing to nominate?
- Are you an unincorporated community group with at least 21 members who are registered to vote in the Sefton area, a Parish Council, charity, an Industrial & Provident Society (which does not distribute any surplus to its members), a Local Neighbourhood Forum, Company Limited by Guarantee (which does not distribute any surplus to its members)or a Community Interest Company?
To nominate you must complete the form below and inform us of the address of the property, details of the owner, the extent of the site and why you feel it is an asset of community value. You must also provide evidence of your eligibility to nominate. You can return the application form via email or send it to:
Community Right to Bid
Property & Building Services
3rd Floor Magdalen House,
What we will do next
Once we have received the completed request form, we will consider and check the eligibility of the nomination and if we think the property does have community value, it will be added to the “List of Assets of Community Value”. Assets will remain on the list for 5 years from the date of listing and a land charge will be registered against the property. We aim to assess nominations within eight weeks of receipt of a valid nomination.
You will be advised that the property has been listed and the date in five years time when it will be removed. It is important to note the date as there will be no further contact with you unless the property owner decides to sell. When the five year period has expired you may submit a new nomination.
If we decide to list a property, the owner can ask for a review of the decision and there will be a process for an appeal. Further guidance will be provided in the relevant letter to the property owner.
There is no appeal process for unsuccessful nominations.
Making a bid
The owner of the property must advise us when they intend to sell the property and we will publicise this on our website as well as informing the nominator.
If you want to make a bid, you must inform us within six weeks of us telling you the property is available to purchase by formally advising us that you want to bid. You will then have six months to put together the bid (N.B. this is not from when you inform us, but the six months from the owner advising the Council of their intention to sell - known as the Moratorium Period). If there is more than one community group interested in purchasing the property, we would encourage the groups to work together.
At any point before the end of the six month period you may enter into negotiations with the property owner providing the owner is willing to do this. We would ask that we are kept informed of any developments.
At the end of the six month Moratorium Period, if you have successfully put forward a bid, the property owner will have the option to either accept your bid or sell the property on the open market. There is no obligation on the property owner to sell to the community bidder.