Community Right to Bid
Assets of Community Value
The Localism Act 2011 gives communities with a local connection a right to identify properties which, if they came up for sale, they would want to try and purchase.
The legislation does not give a right to buy the property in question, but it does give potential bidders the time to put a proposal together.
What types of property?
To qualify, a property must have a current or recent use which can be shown to further the social well-being or social interest of the community. Social interests can include cultural, recreational and sporting interests. It can be a private or publicly-owned property. It can't be a residential property.
It will also be necessary to show that the main use of the property can continue to meet these social objectives in the future - or in the case of a property where the use ceased in the recent past - that it could be brought back into social use within five years.
Properties which have not had a social use for some years or have been empty or derelict are not covered by the Act.
Who can nominate
The right to nominate a property is restricted to certain types of community group. The first test is to show a local connection. For properties in Wandsworth that means the local authority area.
You will need to be a constituted local community group - or if unconstituted be able to show at least 21 members registered to vote in Wandsworth or a neighbouring borough. You may also nominate a property if your organisation is a charity, industrial and provident society, company limited by guarantee which does not distribute any surplus to its members or community interest company.
How to nominate
Download and print a form. Send the completed form along with supporting documentation to:Mr Peter Sass
Head of Executive and Committee Services
The Town Hall
Wandsworth High Street
What we need
We need information on the address of the property, details of the owner(s) and current occupants, the site boundaries, and the reasons why you think the property qualifies. You should also state the kind of community group you are.
What the council does
Once we receive the nomination we will check that the property satisfies the criteria for acceptance. We will also check that the community group fits one of the categories laid down in the legislation.
(We will notify the owner of the land and anyone with an interest in the land, and let them know of the reasons given for the nomination).
If both these tests are passed we will add the property to a List of Community Assets which will appear in this section of the website. The property will remain on the List for at least five years. We will let you know the outcome within eight weeks.
We will also notify the owner of the decision to list their property and set out the grounds for appeal.
If the council decides that the nomination cannot be accepted we will write to you setting out our reasons. The property will then be added to a list of unsuccessful nominations.
How to make a bid
This part of the procedure kicks in when the owner of a property on the List notifies the council that he or she wants to sell.
We will publicise this on the website and inform the group which made the original nomination.
If you want to bid you must tell us within six weeks.
You will not be able to bid if your group is not formally constituted. This is a tighter definition than that required for nominating.
You have six months from the date the owner announces an intention to sell to put your bid together.
Remember, you do not have the right to buy the property - but the scheme does give you a six month window during which you can negotiate with the owner.
At the end of this period the owner may either accept your bid or sell the property on the open market.
The Former Tooting Constitutional Club, 111-113 Tooting High Street, London, SW17
Notice has been received by the local authority pursuant to Section 95(2) of the Localism Act 2012 that the owner of the above mentioned premises wishes to enter into a relevant disposal of the land (as defined by Section 96 of the Localism Act 2011).
Any community interest group has until the end of the initial interim moratorium period (6 October 2016) to make a written request to the Council to be treated as a potential bidder for the purchase of the premises. If any group satisfies the statutory requirements of a local community interest group and gives notice during the initial moratorium period that they wish to be treated as a potential bidder, they will then have until the end of the full moratorium period (25th February 2017) to make an offer to the owner to buy the premises.
A local community interest group, as defined in Regulation 12 of the above mentioned Regulations, is either a charity, a company limited by guarantee which does not distribute any surplus it makes to its members, an industrial and provident society which does not distribute any surplus it makes to its members; or a community interest company.
Certain types of disposal are exempt from these arrangements including: disposals in the form of a gift; disposal containing a business which uses the property and is a going concern; disposal within a family or between trustees or companies in a group; disposal in the execution of a will or arising from various legal proceedings, disposal of property that is part of a larger estate, part of which is not listed, but where the whole estate is owned by the same person and is a single lot of land.
Rights for property owners
If your property is added to the List you may be able to claim compensation for loss or expenses incurred as a direct result of complying with the Act. We will provide details when we notify you of the decision to list.
Register of assets of community value
There are no current nominations.
The grounds of Downshire House
- Address: Roehampton Lane, SW15
- Nominated: 13 June 2013
- Decision: 11 July 2013
Requests to remove items
We have received notice that the owner of the site of the former Castle Public House (Battersea High Street) wishes the premises to be removed from the list of assets of community value.
Read a brief summary of the new arrangements.