The Community Right to Bid is one of the key measures introduced by the Localism Act 2011 to encourage communities to get actively involved in matters that affect them locally. It gives local groups greater chance to bid on properties or land that become available and would be of benefit to the community.
What can be listed?In order for land or property to be affected by the Community Right to Bid rules, also known as the Assets of Community Value regulations, its main use must further the social well-being or interests of the local community, or have done so in the last five years and be likely to do so in the future. This use may include the provision of public, sport, recreation, culture or community services. Properties which have not had a social use for some years or are derelict are not covered by the Act.
Who can nominate?Only the following groups, with a local connection, are able to nominate a community asset in Wealden:
- A Town or Parish Council
- A Neighbourhood Forum (a community group designated to take forward neighbourhood planning in areas without a Parish)
- An unincorporated body with at least twenty one individual members who are registered to vote in the Wealden area
- A charity
- A company limited by guarantee that does not distribute any surplus
- An Industrial or Provident Society
- A Community Interest Company
How to NominateTo nominate an asset of community value you can print and complete our Hard Copy Application Form and return by post.
Information you need to provide
- The names of the current occupants of the land or property nominated
- The names and current, or last-known, addresses of all those holding a freehold or leasehold estate in the land or property
- A description of the nominated land or property, including the proposed boundaries
- The nominator’s reasons for thinking that Wealden District Council should conclude that the land or property is of community value
Nomination ProcessOnce we receive the nomination we will check that the land/property and nominating group meet the criteria for acceptance set out in the legislation. If it is confirmed that both criteria are met then we will add the nomination to the List of Assets of Community Value and to the land charges register. The nomination will remain on the community assets list for five years. The nominating group and the land owner will be informed of the decision to list and the grounds for an appeal set out. If the criteria are not met the nomination will be placed on the List of Unsuccessful Nominations and the reasons for the decision sent to the nominating group. The decision will be reached within eight weeks of Wealden District Council receiving the nomination.
Making a bidOnce Wealden District Council is notified that the owner of land on the ‘list of community assets’ intends to dispose of the listed asset, we will publicise this on this website, with the local parish council, and inform the group that made the original nomination. There is a window of six weeks for any formally constituted groups (not just the nominating group) to notify us if they would like to make a bid on the property. If notice of an intention to make a bid is received then a protected period (‘moratorium’) of six months is activated. During this time the property owner may not sell or otherwise dispose of the asset unless to a community group that fits the criteria listed above. At the end of the six month period the owner may choose to sell the property to whomever they choose – the Community Right to Bid does not give a right of first refusal to community organisations.
Exempt disposalsPlease note that in certain situations property sales are exempt from the Community Right to Bid legislation. View the full list of Exempt Disposals , this includes disposals in the form of a gift, disposals within a family or between trustees or companies in a group and disposals in the execution of a will.
Rights for property ownersIf the Council decides that your property should be added to the list of assets of community value and you are dissatisfied with this decision you have the right to request the Council to carry out an internal review of its decision.
- Listing Review Request Form
- Guidelines for completing an Asset of Community Value review
- Asset of Community Value listing Review Procedure
- Wealden Policy – Community Right to Bid
- Related Wealden Documents
- Non-statutory Guidance from the Department for Communities and Local Government
- Assets of Community Value (England) Regulations 2012
- Localism Act 2011
- My Community Rights