Advice Note 4 - The Act. A Brief Guide

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.