Scottish government releases community right to buy guidance

Part 2 of the Land Reform (Scotland) Act 2003, the community right to buy, provides the opportunity for communities across Scotland to register an interest in land and buy that registered land, at market value, once it is offered for sale.

The 2003 Act has been amended by the Community Empowerment (Scotland) Act 2015. The changes come into effect on 15th April 2016, and the information contained in this leaflet applies only to applications to register or re-register a community interest made on or after 15 April 2016.

The community right to buy has two stages:

• Registering a community interest in land;

• The opportunity to purchase the registered land when it is offered for sale (the “Right to Buy”).

Communities will need to identify land or an asset which, if the community was to purchase, would be able to benefit it. Factors that ministers will take into account when deciding whetherto register a community interest, and whether it would be in the public interest, include any environmental, economic and social benefits.

Applications to register a community interest in land should be made before the land is put on the market (a “timeous” application), although a community body can apply after the land has been placed on the market (a “late” application) but before missives are concluded. When a late application is made the community body will be required to meet additional criteria.

Community bodies will need to get evidence of support from their community for their proposals to register an interest in land. Ministers shall regard 10 per cent community support for a CB’s proposal as being sufficient evidence, although they may regard less than 10 per cent as sufficient indication of community support. If the application is a “late” application, a “significantly greater” level of community support is required than if the application is a “timeous” application.