Community empowerment

Community asset transfer

Part 5 of the Community Empowerment Act, which came into force on 23 January 2017, introduces a right for community bodies to make requests to all local authorities, Scottish Ministers and a wide-ranging list of public bodies, for any land or buildings they feel they could make better use of. They can request ownership, lease or other rights, as they wish. The Act requires those public authorities to transparently assess requests against a specified list of criteria, and to agree the request unless there are reasonable grounds for refusal.

The Act sets out the key rights and duties and provides a framework for the asset transfer process. Regulations and Orders set out more detailed arrangements for implementing the scheme.

Guidance and further information is available from the Scottish Government's website. This includes links to model forms and notices as well as case studies that Community Groups may find useful when considering Asset Transfer.

If you are interested in Asset Transfer, please see the documents below. These set out the Council's Policy, the application form that must be submitted when making a request and the Council's processes for decision making and reviews/appeals:

The Community Ownership Support Service, run by the Development Trusts Association Scotland is an excellent source of information regarding all aspects of community ownership.