Community Right to Bid and Assets of Community Value

Assets of Community Value

A building or piece of land is deemed to have community value if the use of the building or land currently, or in the recent past1, furthers the social wellbeing or cultural, recreational or sporting interests of the local community. This use of the building or land will continue to further the social wellbeing or interests of the local community.

The use of the building or land must not be deemed ‘ancillary’ i.e. for secondary purpose. This means that the use of the building or land to further social well-being or interests of the community must be its principal use.

Organisations and groups that can nominate

Only eligible organisations and groups can make a nomination. The organisations must have a local connection to the property they wish to nominate. This means that its activities are wholly or partly concerned with the administrative area of West Lindsey District Council or a neighbouring local authority.

The following organisations and groups can make a noimination:

• a parish council (for assets in the parish council's area)
• voluntary or community bodies (with a local connection)2

How to nominate an asset 

Nominations must be made by completing our Community Right to Bid Nomination Form [pdf / 500 KB]. This form has a range of questions about the asset and asks for local evidence to show it is currently in or has recently been used for the benefit of the community.

In addition to completing the nomination form, you must submit supporting evidence such as a map of the asset, photographs and other evidence showing the current or recent community use.

We also ask for a copy of your organisation’s constitution or similar governing document. This is not applicable to Parish and Town Councils.

Voluntary or community bodies must also send a list of 21 members who are registered to vote in the West Lindsey District Council area. This should include full names and addresses. We will check this information against the electoral register.

You can download a copy of the nomination form [pdf / 500 KB] or contact us directly to be sent a copy. The nomination form contains further guidance on how to answer the questions and what information to provide.

Nomination process

We must decide whether to list the asset, within 8 weeks of receiving a nomination. Once received we will check the basic details such as the eligibility of the nomination and the organisation submitting. We will check questions have been fully answers and may ask for further information.

Decisions on registering an asset of community value will be made by our Community Rights Panel. This panel has three councillors and two officers.

Assets that are of community value will be added to the Assets of Community Value Register. They will remain on the register for 5 years and a land charge will be registered against the property. When the 5 year period ends, an eligible organisation can submit a new nomination.  

We will take all practicable steps to notify the owner and lawful occupants that we are considering registering the property as an asset of community value. We will also notify these people of the outcome of the nomination.

The organisation nominating the asset will be notified of the outcome along with reasons if the nomination is unsuccessful. They will also be notified if the asset is subsequently removed from the list, following a review of the decision. 

Community Rights Panel

Our Community Rights Panel will make decisions in accordance with the Localism Act 2011 and other subsequent legislative acts and guidance issued.

The panel has 5 members. 3 members are councillors appointed to the panel at our Annual Council meeting. 2 members are officers at a management level.

As of 22 May 2023, the panel members are:

• Councillor Stephen Bunney
• Councillor Mandy Snee
• Councillor Trevor Bridgwood
• Grant White (Communities Manager)
• Lyn Marlow (Customer Strategy & Services Manager)

The Owners' Rights

When an asset is nominated as an asset of community value, the owner will be informed and can comment on the validity of the nomination. If their property is then registered, they have the right to an internal review of the decision.

A request for a listing review must be made in writing within 8 weeks of the notice of listing as an asset of community value.

The asset will remain listed whilst the review is carried out. The review will be undertaken by a senior officer of the council who was not involved in the original decision to register the asset. The owner can make representation to the reviewer, and we will complete the review within 8 weeks of receiving the request. The owner and the council will bear their own costs of the review.

Only the owner of an asset can request a review of the decision. We won’t accept a request to review from any other organisation.

If the owner is not satisfied with the outcome of an internal review they can appeal. The appeal must be made to the General Regulatory Chamber of the First-Tier Tribunal within 28 days from the date on which notice of the decision appealed against (the outcome of the review) was sent to the owner. The asset remains listed during the appear process.

Compensation

Private owners may claim compensation for loss and expenses incurred through the asset being listed or previously listed. Most claims will arise from the moratorium period being applied but may relate to loss or expense arising simply as a result of the building or land being listed.

Claims must be made in writing to us within 13 weeks from the end of the 6 week or 6 month moratorium period (as appropriate) or from the date when the building or land ceased to be listed.

Owners wishing to sell

The owner of a listed asset must advise us when they intend to sell the property and we will inform the organisation that submitted the nomination. If no eligible community organisation notifies us within 6 weeks that it wishes to bid, the owner is free to sell their property.

If an eligible community organisation notifies us within 6 weeks that they wish to be treated as a bidder for the property, the owner will not be able to proceed with a sale of the property for a 6 month period, unless selling to an eligible community organisation.

After the 6-month period, the owner can sell their property to anyone. At no stage is the owner under any obligation to sell their property to a eligible community organisation. The Community Right to Bid does have any provisions for how the property is valued.

Support for managing community assets

The myCommunity website provides all the latest tools, tips and ideas to support organisations with community ownership and planning. You can access advice and resources on topics including:

• funding
• governance
• community assets
• parks and green spaces
• volunteer management
• community management

Contact details

If you have a query about Community Right to Bid or need further advice, please contact us by email at communityrights@west-lindsey.gov.uk.