Owners of a Community Asset
The following information is to help owners understand what it means to have their property listed as an Asset of Community Value.
What can I do if I don’t agree with the decision to list my property?
Once you have been notified of the Council's decision, you will have eight weeks to request a review of this decision. The property will remain listed whilst the review is carried out by a senior officer who was not involved with the original decision to list the property.
As a leaseholder, can I request a review?
Unless you have a lease which, when granted, had 25 years to run, then you will not be able to request a review. Instead this would need to be done by the freeholder of the land.
What happens if I decide to sell my property?
1). Firstly you will need to notify Winchester City Council of your intention to sell.
2). Unless an exemption applies, you will only be able to dispose of your property after a specified window has expired.
- The first window is six weeks. During this time the community are given the opportunity to express their interest in preparing a bid for the land and/or buildings up for sale. If there is no interest, then you will be able to carry out the disposal of your property without any further delay.
- In the event that the community express interest, the second window extends the first into a six month moratorium. This is put in place to give the community time to raise the capital for their bid. During this period you are allowed to market and negotiate sales, but you cannot exchange contracts (or enter into a binding contract to do so later). The only exception to this is that you may sell to a community interest group during the moratorium period.
3). At the end of the six months you can consider the community bid in competition with any other offer. You are free to sell to whomever you choose and at whatever price.
4). A compensation scheme will be in place for any expenses you incur as a result of the moratorium period.
5). A new moratorium cannot be enforced for a protected time of 18 months (running from the same start date of when the owner notified the Council of their intention to sell).
When am I exempt from the conditions of the moratorium?
The moratorium is the period within which the owner of the community asset cannot exchange contracts. There are a number of exemptions to this moratorium when disposals are permitted to go ahead. The full list can be found on our website, but exemptions include disposals that are:
• gifts to family members
• a business sold as a ‘going concern’
• in fulfilment of a planning obligation, option or pre-emption right made before the asset was listed
• under statutory compulsory purchase
How do I claim for compensation?
Owners may claim compensation for loss and expense incurred through the asset being listed or previously listed. You have to make a claim in writing, stating the amount of compensation sought and provide supporting evidence. The responsibility of proving the claim falls on the owner.
You are entitled to claim for one or more of the following:
• Loss incurred arising from a period of delay in entering into a binding agreement to sell
• Legal expenses incurred in a successful appeal to the Tribunal
• Loss incurred as a result of the land merely being listed
Once the compensation decision is made you can request an internal review of the compensation decision, followed by an appeal to Tribunal if you disagree with the review.
When does the asset come off the list?
• If an appeal against listing is successful
• When an asset has been sold (and not subject to any exemption to the moratorium)
• After five years (from the date when the listing came into effect)
When an asset is removed from the list all parties involved will be notified.