The Community Right to Bid, which was established by the Localism Act 2011, came into force in September 2012. The right gives eligible groups the opportunity to identify and nominate assets that are of value to the local community and gives them a chance to make a bid to buy them on the open market if the owner decides to sell.
A community could use this right to make a bid for a local asset like a village shop, community centre, library, children’s centre, allotment or pub. The right covers private as well as public assets.
We are required to keep a list of assets of community value in the South Derbyshire district and a list of assets nominated unsuccessfully.
We will only accept requests to include assets on the list from eligible community groups. Eligible groups must have a local connection to the land or property they wish to nominate and be one of the following types of organisations:
We will not accept nominations from any other bodies.
If you want to nominate an asset of community value please fill in our nomination form. We will use the information you provide on the nomination form to assess whether your nomination meets the requirements of the legislation for designating it as an asset of community value.
When we receive your nomination, we will consider and check its eligibility. We will notify the owner of the asset and any other party with a legal interest in the asset. We may ask you for further information but once we have sufficient information we will determine the nomination within eight weeks of receipt. We will inform you of the outcome. If we feel the asset does have community value we will add it to our list of assets of community value. Assets will remain on the list for five years and a land charge will be registered against the property. When the five years have expired eligible groups can submit a new nomination.
If we decide to list an asset the owner can ask for a review and there will be a process for an appeal to an independent body. We will provide further details in a letter to the owner.
If we decide not to list an asset, we will write to you with an explanation as to why your nomination was unsuccessful. In such circumstances the property will be added to our list of assets nominated unsuccessfully and will remain on the list for five years. You cannot appeal our decision not to list an asset but if you feel we have not followed the correct procedure you can make a complaint through our complaints procedure.
You can view assets that have been successfully listed, and details of nominated assets that have not been successful, on our website using the links below or a copy can be obtained from the Civic Offices.
If an owner of a listed asset wants to sell it they are required to notify us. Some types of sales or disposals are exempt from the bid procedure but where it applies we will inform the nominator and publicise this on our website.
If an eligible group wants to make a bid they must inform us within six weeks of our telling them that the asset is available to purchase. Not all groups listed under ‘How to make a nomination' are eligible to place a bid. Unincorporated groups cannot bid as they cannot legally own property.
Eligible groups will then have six months from the date that the owner notified us of their intention to sell in which to put together the bid. If there is more than one community group interested in purchasing the asset we will encourage the groups to work together.
At any point before the end of the six months the eligible group(s) may enter into negotiations with the asset owner. The asset owner is not legally obliged to negotiate. At the end of the six month period the group may have successfully bid for and purchased the asset, or the owner may then choose to sell to another buyer.
page ref: SDDC 656
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