The Community Right to Bid enables eligible community groups to nominate land or property that furthers the social interests or wellbeing of the community to be placed on a list of Assets of Community Value.
Owners of listed property will be required to inform the local authority if they intend to sell the property. Community groups will then have up to six months to prepare a bid for the property, during which time the owner will be unable to enter into any other arrangements to dispose of the property.
The legislation does not provide a right to buy and owners may sell to whomsoever they wish at the end of the six month period.
Who can nominate?
The following groups are eligible to nominate:
- Parish Council
- Local neighbourhood forum
- Industrial and provident society
- Company limited by guarantee
- Community interest company
- Unincorporated group comprising at least 21 members who are registered to vote in the Daventry District local authority area
All groups must be able to demonstrate a local connection to the property they are nominating. In order to bid for a property on the list of Assets of Community Value, the group bidding must be legally entitled to own property. Therefore, all of the groups listed above, with the exception of unincorporated groups, will be able to bid.
Making a nomination
Download a nomination form here The information you are required to provide with your request for nomination is:
- Name (if appropriate) and address of property or land to be nominated
- Details of the extent of the site (for example, car parks, adjoining land etc)
- The owner’s details, if known
- The occupiers details if not the owner
- Why the property is an asset of community value
- The name of the nominating organisation and classification (eg Parish Council, charity etc)
- The organisation’s connection to the property
- Your position in the organisation
- Your contact details
- A copy of the constitution of your organisation if constituted
- The names and addresses of at least 21 members if an unincorporated group
Completed nominations should be sent by email to firstname.lastname@example.org
or by post to Community Assets, Business Team, Daventry District Council, Lodge Road, Daventry NN11 4FP
Once we have received the nomination we will validate the nomination in terms of completeness and eligibility. Assuming the nomination is valid, we will then assess the nominated property in terms of its community value.
If we agree that the property is an asset of community value, it will be added to the List of Assets of Community Value and a land charge will be registered against the property. We will write to the nominating group and the property owner informing them of our decision, the date of the listing and the date the listing will expire (5 years from the date of listing).
The owner may request a review of the decision to list and if the review does not overturn the decision to list, the owner has a right of appeal to the HM Courts and Tribunals. The property will remain listed during the review and appeals processes.
If we decide that the property should not be listed, the property will added to the list of Land Nominated by Unsuccessful Community Nominations. We will write to the nominating group and the property owner informing them of our decision and the reasons why the nomination has been unsuccessful. There is no right of appeal against a decision not to list a property.
View the List of Assets of Community Value
View the list of Land Nominated by Unsuccessful Community Nominations
Making a bid
If the owner of a listed property decides to dispose of the property (sell or enter into a lease of 25 years or more) the owner must inform us. This will be noted on the List of Assets of Community Value and we will write to the nominating group informing them of the pending disposal.
The nominating group (or other eligible community group) will then have six weeks to inform us that they intend to bid for the property. If an intention to bid is received, the bidding group will have up to six months (the moratorium period), from the date that the owner informed us of an intention to dispose, to develop a bid.
At the end of the moratorium period the owner may dispose of the property without restriction at any time in the following 12 months (the protected period). If a property has not been disposed of at the end of the protected period, then, the whole process will recommence.
The property owner may enter into negotiations and dispose of the property to any eligible community group at any time during the moratorium period.
Localism Act (2011)
Assets of Community Value Regulations 2012
The Community Right to Bid
Find out more about the Community Right to Bid