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INTRODUCTION
NOTE: - This advice note is designed
to be printed and distributed. Please download
pdf copy for this purpose.
At first glance, the Community Right to Buy is a complex and intimidating
piece of legislation. This Advice Note provides a very brief step
by step guide to the Act and describes the mains tasks you will need
to complete if you want to register an interest in land. Future Advice
notes will describe these steps in more detail.
1. Defining my Community
You need to define what you mean by your community. You need to do
this using Postcode Units. Your community will be defined as all individuals
on the voter’s roll living within (for example) postcodes PH2
3RS, PH2 3RT, PH2 3RV, PH2 4AB etc. Postcodes can be obtained from
Post Offices, libraries, and the Royal Mail website (www.royalmail.com).
It is up to you to define the community the way you want. How large
a geographic area do you want to include? You may wish to follow existing
Community Council boundaries or parish boundaries.
2. Setting up a Community Company
The Act requires you to set up a Company. This Company will be the
legal body that applies to register an interest in land. The constitution
(Memorandum and Articles of Association) of the Company must comply
with the Act. A solicitor can advise. See Advice Note 3 for further
information. Your company needs to be approved by Scottish Ministers
before you can submit an application.
Get started on this task early as it can be time consuming and no progress
can be made until the Company is set up and approved.
3. Identifying the Land
What parcel(s) of land do you want to to register? You need to check
that it it eligible land. Maps are available that show this (see info
page at www.landreformact.com). You need to identify the landowner
and make sure that all land in one applications is owned by one legal
owner. If it is owned by different owners you will need to prepare
and submit separate applications.
4. Securing Community Support
It is sensible to secure as much local support for any application
to register an interest in land. The Act indicates that 10% of the
community should support the application but it is advisable to consult
widely and bring people and organisations on board. This avoids misunderstandings
and potential conflict and will be vital if and when you eventually
obtain a right to buy.
5. Be Clear about your Objectives
Why do you want to buy this land? Be clear about your reasons. All
applications have to pass a public interest test. At the right to buy
stage, Scottish Ministers will have to be satisfied that your plans
for the land are compatible with sustainable development. The more
thought you can give to this question at this stage, the easier it
will be later to secure a right to buy.
6. Find out about the planning framework in force on the land
You need to identify any planning permissions relating to the land
and how it is zoned in the local plan. Your local authority should
be able to help with this.
7. Complete and Submit an Application
The Application form is relatively straightforward but may take some
time. Take care to follow the Guidance. Complete it and make sure you
prepare and enclose all maps and other documents asked for. Post it
off!
If for any reason your applications is refused you have the right to
appeal and you are also free to resubmit a fresh application.
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