Community Right to Bid
Community Right to Bid (Assets of Community Value), The Localism Act 2011 ("the Act") and the Assets of Community Value (England), Regulations 2012 ("the Regulations")
The Community Right to Bid (Assets of Community Value), makes it possible for voluntary and community groups with a connection to the local community, or parish councils to ask the council to list certain assets as being of value to the community. If an asset is listed by the council and the owner of the asset decides to dispose of it within five years, then the disposal may be delayed for a maximum of six months during which time a community group or parish council will have the opportunity to organise a bid to buy it.
Please be aware that the Community Right to Bid does not give the right of first refusal to the community group or parish council to buy an asset that it has successfully nominated for inclusion on the local authority’s list. What it does do is give time for them to get organised and put together the funding necessary to bid to buy the asset on the open market. The owner of the asset does not have to sell it to the community group and can still choose to sell it to whomever he or she wants.
What sort of things can be listed as an asset of community value?
Any land or building that is not of a type specifically excluded from being an asset of community value in the regulations, such as purely residential property, is capable of being an asset of community value so long as it meets the test of providing 'community value' as set out in the act. These might be currently owned by your local authority or another public body, but they could also be owned by a private company or an individual. An asset of community value might be the local pub, village shop, library or local football ground.
Who can nominate an asset?
Nominations can be made by parish councils or groups with a local connection.
Guidance on submitting a nomination
Guidance on all of the above and how to go about making a nomination is contained in the government produced advice note.
There is also a government website and phone service dedicated to offering advice to groups wanting to make a nomination.
The dedicated advice line can be reached on 0300 020 1864, Monday-Friday, 9.30am–12.30pm.
Nominate an asset
If you would like to nominate an asset you will need to complete the ACV nomination form [doc] 96KB
What happens once we receive your nomination?
Once we have received your nomination we will read through it to check that you have complied with all of the requirements of the Regulations and the Act. We will then write to you validating your nomination. We will also write to the occupier and/or owner of the asset that you have nominated as well as the local parish council informing them of the nomination. A decision will then be made within eight weeks of the date that your nomination is validated. If we decide to list the asset we will inform you and all of those who we informed of the nomination.
There is then an eight week period from the date that the council reaches its decision, during which the owner of the asset can request that the council review its decision. If the council decides to uphold its decision the owner then has a right of appeal to the General Regulatory Chamber of the First Tier Tribunal.
If a nomination is not approved, we will inform you, and all of those who were informed of the nomination, and give you the reasons why the nomination was rejected.
Where the council decides to reject a nomination there is no right of appeal against the council’s decision.