Community rights to buy and take over land and buildings
This advice applies to Scotland. See advice for See advice for England, See advice for Northern Ireland, See advice for Wales
In some communities, problems in the environment may be caused by the way land or assets are being used. There is legislation that allows community groups either to buy, rent or take over land or other assets in certain circumstances.
Right to buy
In many circumstances when a community group is exercising the right to buy it must include a willing seller. The process is started by registering an interest in the property so that if it comes up for sale the community body can put in a bid. There is a register of community groups that have lodged an interest in land on the Registers of Scotland website.
Anyone interested in setting up a community group for this purpose can get help from the Community Ownership Support Service.
There is more information about the community right to buy, the application form and guidance on the Scottish government website.
Asset transfer of publicly owned land or buildings
The Community Ownership Support Service can provide advice to a community group, once it is set up, about how to take over assets of publicly owned land or buildings.
There is a summary about asset transfer on the Scottish government website.
Check the steps involved in asset transfer in the route map on the Community Ownership Support Service website.
Community applications to buy that do not require the consent of the owner
Abandoned or neglected land
From 27 June 2018 if a legally set up community group identifies land that it thinks has been abandoned, neglected or is causing a detriment to the community it can apply to Scottish Ministers to ask for permission to exercise the right to buy it. It does not require the owner to be willing to sell. An owner will be allowed to object to the sale going through.
More about the right to buy abandoned, neglected or detrimental land on the Scottish government website.
Land suitable for further sustainable development
From 26 April 2020 if a legally set up community group identifies land that is suitable for further sustainable development it can make an application to buy it or nominate a third party to buy it. The owner's consent is not needed but they could appeal.
More about the right to buy land to further sustainable development on the Scottish government website.
You can get help and information from the Community Ownership Support Service