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Land Reform (Scotland) Act 2003: Part 2
Community Right to Buy: Guidance
INTRODUCTION
1. The Community Right to Buy in Part 2 of the Land Reform (Scotland) Act 2003 ("the Act", which can be accessed via the website detailed in Annex E) provides the opportunity for community bodies (CBs) representing rural areas in Scotland to register an interest in and buy registered land when it comes to be sold. The right to buy therefore requires a willing seller. Because this process must be transparent, legally sound and comply with the European Convention on Human Rights, it is legally complex and contains a range of specific requirements that must be met. This guidance is intended to assist communities interested in acquiring land by this means, landowners who might be affected by a registered interest or a CB's application to exercise a right to buy and those individuals and businesses who feel that their interest in a particular area of land may be affected by such an application. Before submitting your application form, please read carefully this guidance and the accompanying application form guidance, which is also included in this pack.
2. Communities interested in acquiring land should consider the merits of acquisition by agreement, as well as using the legislation. This may result in a deal that better suits the needs of both the landowner and the community, and there may well be no need to use the legislative approach. However, CBs purchasing land through negotiation should consider carefully the advantages offered by the legislation and the security of opportunity that this brings. By not registering an interest in the land first, the community may well lose out in the end, particularly if a third party potential buyer is available. While it is for the CB to decide which is its preferred option, the legislation provides a right to buy when the land comes to be sold.
3. This guidance cannot take the place of informed professional advice on individual community applications to purchase land. The first consideration for any group within a community wishing to create a CB for the purpose of exercising the community right to buy should be to obtain sound advice. It would also be appropriate for any landowner or other person with an interest in land who considers that a community right to buy application may affect their land or interest to seek such advice. Such professional advice should not only include legal advice, but also advice on valuation, environmental and land management issues.
4. This guidance is necessarily complex in order to cover the statutory requirements in the Act and supporting subordinate legislation. References to the Act are included in the guidance to direct the reader to the appropriate sections if they wish to read the legislation alongside the guidance. A brief explanation is provided for each section of the Act detailed. The Scottish Executive's Environment and Rural Affairs Department's Land Reform Branch is happy to assist with any queries you may have regarding the Community Right to Buy process. However, it cannot provide legal advice or, due to the impartiality required in advising Ministers on a case-by-case basis, advice which would be seen as supporting a particular group, e.g. a CB, a landowner or any third party involved in a specific case. This guidance may be subject to review as experience is gained in the application of the new legislation. If you are unsure of whether you have the latest version available, or if you have any comments on the guidance itself, please contact the Land Reform Branch.
5. A useful introductory guide is provided in "The Community Right to Buy - your questions answered", published by the Highlands and Islands Enterprise Community Land Unit. Copies are available from the HIE-CLU (see Annex E for contact details). Groups considering community ownership of land might find it beneficial to visit other towns or villages where land is already being managed by community bodies. The HIE Community Land Unit will be able to advise you if there is a comparable initiative in your area and of any funding that may be available to assist with the cost of an appropriate visit.
6. The Caledonia Centre for Social Development also provides useful information on community land ownership. Information on existing community land initiatives and on how potential risks and difficulties were managed is available on their Social Land Ownership case studies web pages at http://www.caledonia.org.uk/socialland/case.htm
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