COMMUNITY RIGHT TO BUY Heather Holmes Community Right to Buy Branch Scottish Government

What is community right to buy? A pre-emptive right to buy land for rural communities throughout Scotland (Highlands and Lowlands). Rural communities (under 10,000 head of population) can register a community interest in land and have first option to buy that land when it comes up for sale. A registered interest lasts for 5 years (from date of approval from Scottish Ministers) and can be re- registered for a further period of 5 years.

What is community right to buy? A statutory framework that sets out administrative processes and timescales. The statutory framework provides flexibility in the types of land and land assets that communities wish to register an interest. (eg airbase to small plot of land) Two stage process: – (1) registration of a community interest in land; – (2) the right to buy.

What community right to buy is not A forced sale of land or a compulsory purchase of land. A means to block or blight developments on land (NIMBY). A means to stop the landowner from developing his/her or land. A means to stop others from purchasing land in community (especially for late applications). A means of preserving the status quo. The Right to Buy needs to show sustainable development (for land, community, social, economic and environmental). Always the most appropriate route for communities to acquire land (eg leasing).

CRtB is about opportunities CRtB provides opportunities for rural communities throughout Scotland … Opportunities to identify land and land assets that can make a real difference and shape a communitys future development. Opportunities for rural communities to identify how they can make a difference to their future development. CRtB provisions provide a number of opportunities to help communities prepare themselves for community land ownership …

On the journey … Knowledge and skills gained Pre-registration and registration Gets the community thinking about land and land assets – what would make a real difference and how? Brings members of the community (a community of place) together to discuss ideas and take them forward. What is the community – a geographical community and how should it be defined? Set up a community company limited by guarantee to take forward activities (identify personnel).

On the journey … Knowledge and skills gained Registration Identifying the land and land assets to be registered Identifying the landowner. Developing indicative ideas for the land and land assets – how can they contribute to the social, economic and environmental sustainability of the community? Securing community support for the communitys ideas and proposals (a petition). Getting the community involved and behind the proposals.

On the journey … Skills and knowledge gained Right to buy Securing further community support of proposals and engagement with the community. Organising a community ballot and securing support for the communitys proposals. Developing in-depth proposals through a feasibility study or business plan (which may involve working with a range of professionals). Identifying and raising funds from a range of funders. … If successful, taking control of land and land assets.

You are not alone … Assistance from the Scottish Government Community right to Buy webpages on the Scottish Government website provide lots of information on the Community Right to Buy. Template to form a company limited by guarantee. Will run draft Articles past our solicitors at no charge. Register of Community Interests in Land (RCIL) – cases and contacts. Community Right to Buy Branch provides impartial advice to all persons involved in the community right to buy. Ensure compliance with the legislation. Contact us as early as possible. Visit all interested parties throughout Scotland.

Contact details Community Right to Buy Branch B1 Spur Saughton House Broomhouse Drive Edinburgh EH11 3XD Tel: (community right to buy)