This protocol sets out how local authorities should manage common good land and buildings in line with their statutory duties.

It also makes recommendations for local authorities to enhance transparency and improve community involvement in decision-making and suggests that local authorities should:

• Provide information on whether common good assets are being used, leased or are vacant, and whether the status is alienable or inalienable (where known)
• Provide a dedicated point of contact for common good matters
• Encourage engaging communities in decision-making around common good assets
• Consider whether alternative uses – or disposal – will continue to deliver public good and what impact it will have on the broader common good portfolio
• Make information about how common good funds are used available.

Originally designated to provide former burghs with land to construct civic buildings and hold markets, as well as areas for recreation, the grazing of livestock, collection of fuelwood and other activities, common good assets were intended to create public benefit.

The income generated from common good assets is held in common good funds which are often distributed to local causes or used to fund local events.

Land commissioner Sally Reynolds said: “While local authorities have a duty in managing Common Good assets to take into account the interests of the local community, the way this is interpreted and conducted varies widely between local authorities.

“This can cause confusion and frustration for Local Authorities and residents alike. The new protocol sets out clear expectations and behaviours for those who manage Common Good assets.”