Information on the Community Right to Bid and How to Nominate an Asset
of Community Value
How does the Community Right to Bid Work?
Using new community rights under The Localism Act 2011 and The Assets of Community
Value (England) Regulations 2012, local community and voluntary bodies and parish councils
can identify and nominate land and buildings that are important to them such as a village shop,
local pub, community centre or library. They can then nominate them for inclusion on a list of
community assets maintained by the local Council. If the asset comes up for sale, long term
rent or assignment, any qualifying community body can express an intention to bid for the
asset during a six week window during which the landowner cannot legally dispose of the
asset. If this happens it then triggers a pause of up to six months to enable the community
body to raise money and bid to buy the asset. This does not however, mean that the
community body gets a right of first refusal or that it will have the opportunity to buy the asset
at below market value.
A Community Asset is – a piece of land or a building whose use furthers the social wellbeing
or social interests of the local community and could continue to do so. Community assets may
be owned by anybody and some assets are excluded including residential property. These are
listed in Schedule 1 of the Localism Act.
To Nominate a Community Asset – you must provide all of the following information:
(a)
a description of the nominated land including its proposed boundaries;
(b)
a statement of all the information your nominating body has concerning (i)
the names of the current occupants of the land, and
(ii)
the names of the current or last known addresses of all those holding a
freehold or leasehold estate in the land;
(c)
your nominating body’s reasons for thinking that the land is of community value;
(d)
evidence that your nominating body is eligible to make a community nomination
(e)
Confirmation that the asset is for sale, rent or long-term assignment at the time of
nomination or in the near future
What Happens Next?
The Council has 8 weeks to decide whether the nominated asset meets the legal criteria. If this
is the case then the Council must list it, inform all specified parties and register this fact about
the property as a Local Land Charge. Assets will remain on this list for at least 5 years and can
be re-registered.
The land owner can object to the listing of an asset and has a right to review by the Council
within 8 weeks of the decision to list or a negotiated period. If the owner disagrees with the
outcome of the review there is a right of appeal to an independent tribunal.
If the Council decides that a nominated asset is not of community value or that it is in an
excluded category then it must place it on a list of assets nominated but not listed, and inform
the nominating body with an explanation. It is up to the Council as to how long unsuccessful
nominations are held on this list. The lists of successful and unsuccessful nominations are
available free of charge on request and on the Dorset for You website.
Moratorium Periods
If the owner of a listed community asset decides to sell it or grant or assign a long lease; (at
least 25 years), then they must tell the local authority. If a community body* wishes to develop
a bid to buy the asset then they can call for the Council to trigger a 6 week interim moratorium
period during which the owner cannot proceed to sell or otherwise dispose of the asset. During
this time, the community body can make a written request to be treated as a potential bidder.
If no request is made then the owner is free to sell the asset at the end of the 6 weeks.
*A
community body is the nominating body or any community or voluntary body listed under
The Assets of Community Value (England) Regulations, 2012.
If a qualifying voluntary or community body makes a request in the interim moratorium period
then a full 6 month moratorium will operate from the date the owner originally notified the
Council. During this period, the owner may continue to market the asset and negotiate sales
but cannot exchange contracts or enter into a binding contract to do so later but they can sell
to the qualifying voluntary or community body that has expressed an interest to bid.
After either moratorium period, if there has been no community interest from a qualifying
voluntary or community body, the owner is free to sell to whomever they choose at whatever
price and no further moratorium will apply for the remainder of a protected period lasting 18
months from when the owner notifies the Council of the wish to sell.
Landowner Compensation
The Localism Act also provides a section on compensation for owners or former owners of
listed or previously listed land from the Council where they have incurred loss or expense in
relation to the land which would be unlikely not to have been incurred if the land had not been
listed. This compensation scheme applies to private property owners and not to public bodies
and the Council will be responsible for administering the scheme including assessing and
determining compensation awards.
Who to Contact if you need Help or Advice
You can get advice by e-mail on communityplanning@westdorset-weymouth.gov.uk or by
ringing 01305 252358 and explaining what you need to know and providing the details in the
section of this leaflet on nominating a community asset. This information will help us to assist
you in your enquiry.
Community Right to Bid Leaflet Version 2, December 2013
Assets of Community Value Register
Nomination Form for West Dorset and Weymouth and Portland
Nominator Contact Details
Name
Address
Telephone number
Email
Name of Nominating group or organisation
Provide full name of your group or organisation here:
Is the group? Tick box to indicate the type of organisation
Parish Council
Neighbourhood Forum
An unincorporated group
Community interest company
Charity
Company limited by guarantee
Other, please specify:
Nomination of Asset Details
Name and description of asset you wish to nominate (please send a map including the
proposed boundaries)
Full Postal Address of asset (including postcode)
Name(s) of current occupants of the asset
Name(s) and current, or last-known, address of all those holding a freehold or
leasehold estate of the asset
Is the asset already up for sale or long-term assignment? Y / N
(Delete as appropriate)
Reasons for this asset being of community value (please explain why you see this as
an asset of community value)
Please include the following with your nomination:
Location Map of asset
Evidence of your group’s approval for nominating this asset (e.g. meeting minutes)
Proof of Group or Organisation’s Identity
Please supply proof of identity and tick the relevant box:
 Memorandum & Articles of Association
 Annual Statement of Accounts
 Minutes of Meetings
Other (please specify):
Please submit this form and accompanying documents to: communityplanning@westdorsetweymouth.gov.uk or
Spatial and Community Policy
West Dorset District Council
Council Offices
Dorchester
DT1 1UZ
Spatial and Community Policy
Weymouth and Portland Borough Council
Council Offices
North Quay
Weymouth
DT4 8TA