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NOTE: - This advice
note is designed to be printed and distributed. Please download
pdf copy for this purpose.
INTRODUCTION
This advice note is intended to provide a very basic introduction to
the Community Right to Buy provisions of the Land Reform (Scotland)
Act 2003. It is designed to be used as a printed flyer to circulate
within communities to inform people of the existence and purpose
of the Act. This legislation provides an exciting opportunity for
communities the length and breadth of Scotland to take more control
over the land around them.
WHAT DOES THE ACT DO?
The Act allows community groups to “register an interest” in
land. Once this registration is accepted by Scottish Ministers, the “registered
land” cannot be sold without the community having the right to
buy it at a price set by an independent valuer.
WHAT LAND CAN BE REGISTERED?
Contrary to what you might think from much media reporting, the right
to buy applies to all land in Scotland apart from land within settlements
of more that 10,000 population. In other words, any land in places
such as Banchory, Peebles, Haddington, Auchterarder, Shotts, Coupar
Angus and Castle Douglas can be registered. Any land includes fields,
football pitches, shops, houses, woodlands, lochs, farms, estates,
pubs and police stations - anything!
WHO HAS THIS RIGHT?
The right can only be exercised by community bodies incorporated as
Companies with an open and democratic membership based on the voters
roll. In most cases you will have to set such a body up.
WHY WOULD WE WANT TO USE THIS LEGISLATION?
There is a wide range of purposes for which you might want to consider
using the Act. You may wish to secure your interest in some land you
already have some kind of legal relationship with. For example, you
might lease some woodland or a playpark, there might be local common
land, or there may be land you use frequently for some purpose. There
may also be facilities you would like at least to at have the option
of buying if they were ever put up for sale such as the local shop
or post-office, local woodland or land for housing. You may wish to
develop facilities and need land to do so. You may, as some have done
want the opportunity of taking ownership of an estate or farm to do
things on a bigger scale. It’s up to you. Remember, if you don’t
register an interest you will probably not have the option of buying
in the future. Registering an interest does not oblige you to purchase,
it merely gives you the opportunity.
WHEN CAN WE DO THIS?
Now - the Act has been in force since 14 June 2004 but there has been
little done to raise awareness of its potential. If you are interested
- get cracking!
I AM INTERESTED. WHAT DO I NEED TO DO?
You need to familiarise yourself with the legislation and how to go
about making an application. You need to think about what land you
might wish to register and whether it’s eligible. You need to
talk to others in the community, build support and think about how
to define your community. If you then want to make an application you
need to organise the information necessary to complete the Application
Form.
WHERE CAN I FIND MORE INFORMATION?
The Scottish Executive have a website on
the topic. You can obtain a guidance pack and other information there.
See our Information page for further details
This website contains a lot of information. Contact
us for further details.
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