Assets of Community Value
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What is it?
Assets of Community Value, which was established by the 2011 Localism Act, 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 fair 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 buy 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 Malvern Hills district, and a list of assets nominated unsuccessfully.
Who can make a nomination?
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:
- Parish or town council
- Unincorporated community groups with at least 21 members who are registered to vote within the Malvern Hills district
- A neighbourhood forum, set up in accordance with section 61F of the Town and Country Planning Act 1990
- A charity
- A community interest company
- A company limited by guarantee
- An industrial and provident society
We will not accept nominations from any other bodies.
How to make a nomination
If you want to nominate an asset of community value please fill in our nomination form.
The form has three main sections covering: your organisation, the asset you wish to nominate and why you believe the asset is of community value. Please read our guidance notes before you start filling in the 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 an asset of community value.
What will we do next?
- When we receive a nomination, we will consider and check its eligibility, we aim to assess nominations within eight weeks of receipt. We will inform the nominating group 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.
- We will advise the nominating group that the asset has been listed and the date in five years time when it will be removed, when the five years have expired eligible groups can submit a new nomination.
- If we decide to list a property 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 property owner.
- If a nomination is ineligible, we will write to the nominating group with an explanation as to why it 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.
- Nominees cannot appeal the decision made in respect of the asset, however, groups can make a complaint through our complaints procedure if they feel we have not followed the correct procedure.
Making a bid
- If an owner of a listed asset wants to sell it they will be required to notify us. 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 us telling them that the property is available to purchase. Not all groups mentioned under ‘how to make a nomination' are eligible to place a bid.
- Unincorporated groups cannot bid as they unable to legally own property.
- Eligible groups will then have six months to put together the bid (please note - this is not from when you inform us but six months from when the owner advises us of their intention to sell (this is known as the moratorium period).
- If there is more than one community group interested in purchasing the property 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 property owner providing the owner is willing to do this. We ask that we are kept informed of developments.
- At the end of the moratorium period, if a group has successfully put a bid together, the owner will have the option to either accept the bid or sell the property freely on the open market.
- pdf Read Guidance Notes (215 KB)
- pdf Learn about nomination and listing process (141 KB)
- pdf Review decision to list process (265 KB)
- pdf Read Compensation process (128 KB)
- pdf View intention to sell moratorium process (133 KB)
For further information about the Council's process contact
Independent support regarding how to use the Community Right to Bid, including grants, is available from Locality, a national network of over 700 community-led organisations. View Locality website.