COMMUNITY RIGHT TO BUY

Heather Holmes

Community Right to Buy Branch Scottish Government

What is “community right to buy”?

• A pre-emptive right to buy land for rural communities throughout Scotland (Highlands and Lowlands).

• Rural communities (under 10,000 head of population) can register a community interest in land and have first option to buy that land when it comes up for sale.

• A registered interest lasts for 5 years (from date of approval from Scottish Ministers) and can be re-registered for a further period of 5 years.

What is “community right to buy”?

• A statutory framework that sets out administrative processes and timescales.

• The statutory framework provides flexibility in the types of land and land assets that communities wish to register an interest. (eg airbase to small plot of land)

• Two stage process: – (1) registration of a community interest in land; – (2) the right to buy.

What “community right to buy” is not

• A forced sale of land or a compulsory purchase of land.• A means to block or blight developments on land (NIMBY).• A means to stop the landowner from developing his/her or

land.• A means to stop others from purchasing land in community

(especially for late applications).• A means of preserving the status quo. The Right to Buy

needs to show sustainable development (for land, community, social, economic and environmental).

• Always the most appropriate route for communities to acquire land (eg leasing).

CRtB is about opportunities

• CRtB provides opportunities for rural communities throughout Scotland …

• Opportunities to identify land and land assets that can make a real difference and shape a community’s future development.

• Opportunities for rural communities to identify how they can make a difference to their future development.

• CRtB provisions provide a number of opportunities to help communities prepare themselves for community land ownership …

On the journey …Knowledge and skills gained

Pre-registration and registration• Gets the community thinking about land and land

assets – what would make a real difference and how? • Brings members of the “community” (a community of

place) together to discuss ideas and take them forward.• What is the “community” – a geographical community

and how should it be defined? • Set up a community company limited by guarantee to

take forward activities (identify personnel).

On the journey …Knowledge and skills gained

Registration • Identifying the land and land assets to be registered• Identifying the landowner. • Developing indicative ideas for the land and land

assets – how can they contribute to the social, economic and environmental sustainability of the community?

• Securing community support for the community’s ideas and proposals (a petition). Getting the community involved and behind the proposals.

On the journey …Skills and knowledge gained

Right to buy• Securing further community support of proposals and

engagement with the community. • Organising a community ballot and securing support

for the community’s proposals.• Developing in-depth proposals through a feasibility

study or business plan (which may involve working with a range of professionals).

• Identifying and raising funds from a range of funders.• … If successful, taking control of land and land assets.

You are not alone …Assistance from the Scottish Government

• Community right to Buy webpages on the Scottish Government website provide lots of information on the Community Right to Buy.

• Template to form a company limited by guarantee. Will run draft Articles past our solicitors at no charge.

• Register of Community Interests in Land (RCIL) – cases and contacts.

• Community Right to Buy Branch provides impartial advice to all persons involved in the community right to buy. Ensure compliance with the legislation.

• Contact us as early as possible. • Visit all interested parties throughout Scotland.

Contact details

Community Right to Buy Branch B1 Spur

Saughton HouseBroomhouse Drive

Edinburgh EH11 3XDTel: 0300 244 9822

crtb@scotland.gsi.gov.ukhttp://home.scotland.gov.uk

(community right to buy)