The Localism Act 2011 allows local groups within a community (including Parish Councils) the right to nominate a building or an area of land as an ‘asset of community value’.
An asset can be privately or publicly owned and can vary from local shops and pubs, through to parks, open space areas and community centres.
For a nomination to be successful, the asset must either:
- Currently be used to further the social wellbeing or social interests of the local community and it is realistic to think that the asset will continue to further the social wellbeing or social interests of the local community; or
- Was in the recent past used to further social wellbeing or social interests of the local community and it is realistic that there is a time in the next five years there could be a use of the asset that would further the social wellbeing or social interests of the local community
If, in the view of the council, the nomination meets either of the criteria above, the council will list the asset on the register of Assets of Community Value for five years, which gives the community the right to bid for the asset, in the event of the current owners selling.
Once listed, the owner cannot dispose of the asset without first notifying the council. The community group which nominated the building or land will then be notified and will have six weeks to inform the council that they intend to make a bid to buy the property. (If they do not wish to bid, the current owner can resume their disposing of the asset).
If the community group does intend to bid, then the owner cannot complete the sale of the asset for six months from the date that the council was notified of the intention to bid – except in specific circumstances set out in the Asset of Community Value (England) Regulations 2012.
While the owner cannot sell the property within six months, listing a community asset does not:
- Guarantee that the local group can buy it or force the owner to sell it to them
- Give local community groups and organisations a first right of refusal
- Place any express restrictions on the owner’s use of the land or those to whom it is ultimately sold
- Imply that public funding will be provided to purchase the asset
Instead the Community Right to Bid allows six months’ time for the community to consider any action.
In order to be eligible to nominate, the nomination must come from either:
- A Parish Council (in England) or a community council (in Wales) in respect of land within the council's area;
- A person on behalf of a voluntary or community body with a local connection with land in the local authority's area (including a Parish Council in respect of land outside the council's area).
Once the council confirms the nomination is eligible, it will then decide whether or not the nomination is successful and will notify the owner within eight weeks.
Where a nomination is ineligible or amendments may be needed, a nomination can be resubmitted.
- Community Right to Bid: non-statutory advice note for local authorities - Gov.uk website
- Assets of community value and right to bid - My community website
The council is required to keep a register of the successful nominations for assets of community value, as well as keeping a list of any unsuccessful nominations the council has received.
List of Successful Nominations for Register Asset of Community Value
|Property / Land Nominated||Ward||Date listed||Date of disposal notice||End of interim moratorium||End of full moratorium|
|Boundary Park Stadium Complex (currently sponsored as sportsdirect.com Park) Furtherwood Road, Oldham OL1 2PA||Coldhurst||07.03.2017|
List of Unsuccessful Nominations for an Asset of Community Value
|Property / Land Nominated||Ward||Decision Date||Reason For Not Listing|
|The Ashton Arms
28-30 Clegg Street, Oldham OL1 1PL
|Coldhurst||04.08.16||Application did not meet criteria|
|Wooded area south of Shade Avenue inc pond/factory lodge south of Ashbrook Road, Springhead. (Known as Thornley Brook)||Saddleworth West and Lees||19.10.17||Application did not meet criteria|