Community Rights - how to nominate or bid for an asset

 Communities now have the opportunity to identify assets (buildings and land) which are important for their social well-being and bid for them if they come onto the market.

The Community Right to Bid allows voluntary and community organisations to nominate privately and publicly owned assets for inclusion on a register of assets of community value.

If something on this register is offered for sale community interest groups will have up to a maximum of six months to prepare a bid to buy it. This gives community groups an increased chance to save local facilities by developing a proposal and raising the required capital.

At the end of the six month period, the owner is free to sell the asset to whoever they wish and at any price.

To find out more, click on the links below, or visit www.mycommunityrights.org.uk

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What qualifies as an asset of community value?

A building or piece of land is deemed to have community value if:

  • The use of the building or land currently, or in the recent past, furthers the social well-being or cultural, recreational or sporting interests of the local community.
  • The use (as described above) of the building or land will continue to further the social well-being or interests of the local community.

The use of the building or land must not be deemed ‘ancillary’, i.e. the use of the land or building that furthers the social well-being or interests of the community must be the principal use.

There are certain exclusions:

  • A building wholly used as a residence, together with land ‘connected with’ that residence. 
  • This means adjoining land in the same ownership. 
  • Land is treated as adjoining if it is separated only by a road, railway, river or canal. 
  • However, the fact that a building (for example a pub) contains an integral flat, does not prevent it from being eligible for listing.
  • A caravan site.
  • Operational land belonging to former utilities and other statutory operators.
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Who can nominate?

We can only consider nominations from certain organisations. These are:

  • Parish and town councils
  • Unincorporated bodies – with at least 21 individual members who appear on the council’s electoral roll
  • Neighbourhood forums – as described in the Town and Country Planning Act 1990

The following categories of Community Interest Groups (CIGS) with a local connection:

  • A charity.
  • A community interest company.
  • A company limited by guarantee that is non-profit distributing (in this context non-profit distributing means that any surplus is not distributed to its members, but is wholly or partly applied to the district council's area, or to a neighbouring local authority area).
  • An industrial and provident society that is non-profit distributing.

Groups will need to demonstrate a local connection, and that their activities are wholly, or partly, concerned with the area or with a neighbouring authority’s area.

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How to nominate?

A nomination has to include:

  • The address of the property.
  • Details of the owner and current occupants.
  • The extent of the site and its proposed boundaries.
  • Why you feel it is an asset of community value.
  • Evidence of your eligibility to nominate.

Download the form

To ensure that you comply with the requirements, please download the assets of community value nomination form.

Where to send your completed forms 

Please email your completed nomination forms to markhooper@lichfielddc.gov.uk or send them by post to Democratic & Legal Services, Lichfield District Council, District Council House, Frog Lane, Lichfield, WS13 6YU.

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What happens following nomination?

We will decide whether or not to list an asset within eight weeks of the nomination submission.

The organisation which originally nominated the asset will be notified of the outcome, together with reasons if the application is unsuccessful. 

Successful nominations 

Assets that are considered to be of community value will be added to the ‘List of assets of community value’. Assets will remain on the list for five years, and a land charge will be registered against the property. When the five years have expired, an eligible community organisation can submit a new nomination.

The organisation which originally nominated the asset will be notified if the asset is subsequently removed from the list, following a review of the decision.

Unsuccessful nominations

If the nominated asset is not considered to be an asset of community value, or if the nomination was ineligible, we will provide an explanation of why it was unsuccessful to the organisation which made the nomination.

In such circumstances, the property will be added to the ‘List of unsuccessful applications’ and will remain on the list for five years.

Notifying owners and occupants

If the council decides to list a property, there will be a process for review and appeal. We will take all practicable steps to notify the owner and lawful occupants that it is considering listing the property. We will also notify these people of the outcome of the nomination.

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What happens when an asset is listed?

The owner of the property must advise us when they intend to sell the property and we will inform the nominator.

If no community interest group notifies the council within six weeks that it wishes to bid, the owner is free to sell their property as they see fit.

If an eligible community interest group notifies the council within six weeks that it wishes to bid for the property, it will have up to six months in which to prepare its case.

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Who can bid?

Only community interest groups that meet the government's criteria can bid to buy a community asset. Not all groups that are eligible to nominate are also eligible to bid.

The following organisations are eligible to bid:

  • Parish councils
  • Charities
  • Community interest companies

Or, one of the following, provided it does not distribute any surplus it makes to its members, and any surplus it makes are wholly, or partly, applied for the benefit of the administrative area of Lichfield District Council, or one of our neighbouring authorities:

  • A company limited by guarantee.
  • An industrial and provident society.

In addition, a bid body must have a local connection, which means that its activities are wholly or partly concerned with the administrative area of Lichfield District Council, or one of our neighbouring authorities. 

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What is the moratorium period?

Within six weeks from the council notifying the community that an owner wishes to sell their listed property, an eligible community interest group must let the council know in writing that it wishes to bid.

This then opens a six month period (from the day the owner notified the council) in which to prepare a bid. This is known as the moratorium period.

We will acknowledge the request to bid and will notify the owner that the moratorium has been triggered. 

The status of the listed asset on the list will be changed to reflect that it is for sale and that the moratorium has been triggered.

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List of assets of community value

Please find below details of community assets and unsuccessful bids:

Community assets

The following bids have been accepted as Assets of Community Value:

Register of assets of community value
ReceivedNominated byName of assetDecisionDate of decisionDetails of intent to dispose
13 June 2017 Fradley and Streethay Parish Council The former Anchor Public House, Burton Road, Streethay Accepted for listing 25 July 2017 None to date
19 May 2017 Kings Bromley Parish Council The Royal Oak Public House, Manor Road, Kings Bromley Accepted for listing 14 July 2017 None to date
22 July 2016 Lichfield Sutton & Tamworth Branch of the Campaign for Real Ale The Green Man, Main Street, Clifton Campville Accepted for listing 13 September 2016 None to date
29 March 2016 Burton on Trent & South Derbyshire Branch of the Campaign for Real Ale The Greyhound Public House, Colton Accepted for listing 17 May 2016 None to date
23 April 2015 Wigginton & Hopwas Parish Council St Mary and St George's Church, Comberford Accepted for listing 17 June 2015 None to date
8 May 2013 Edingale Parish Council Former Black Horse Inn, Main Road, Edingale Accepted for listing 1 July 2013 None to date
4 March 2013  Beacon Street Area Residents Association (BSARA) Beacon Park Accepted for listing 17 April 2013 None to date

Unsuccessful bids

The following bids were not successful:

Assets of community value - unsuccessful applications
ReceivedNominated by Name of asset Decision Date of decision
4 March 2013 Beacon Street Area Residents Association (BSARA) Bird Street car park Not accepted for listing  17 April 2013

For further information contact

Democratic & Legal Services
Lichfield District Council
District Council House
Frog Lane 
Lichfield 
WS13 6YU

01543 308064/308061
mark.hooper@lichfielddc.gov.uk

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