Community Right to Bid
The Community Right to Bid is a government policy that gives local communities the opportunity to formally recognise land and buildings considered to be of importance to the community.
The Council maintains a List of Assets of Community Value, which includes the land and buildings that have been successfully accepted following nomination. If any of the assets on the register are put up for sale, the community is given time to prepare a bid and can attempt to buy the asset themselves. The initiative enables local residents to form community enterprises and helps preserve the facilities that matter most to them.
Nominating a Community Facility
Facilities must meet this definition - "The main use of the land and/or building furthers the social well-being or social interests of the local community now, or in the recent past, and it is realistic to think that this can continue into the future."
Examples include; day care centres, schools, open spaces, theatres, youth centres, village pubs, civic halls and heritage sites. The Winchester District already has a number of Assets of Community Value successfully listed, which are detailed in the document on the right hand side of the page.
A nomination can be made by:
- A local voluntary or community group that is incorporated (this means it has a separate legal status from its members
- A local voluntary or community group that is not incorporated, but has at least 21 members who are locally registered to vote
- A parish council
- A neighbourhood forum
- A charity
- A community interest company
You will need to include a plan of the site (recommended scale 1:1250 for larger sites and 1:500 for smaller sites) which clearly and exactly marks out the boundaries of your nomination in red outline. The boundaries do not have to correspond with ownership boundaries.
Before submitting a nomination you can contact Melissa Fletcher via 01962 848492 or email email@example.com for informal advice. We also recommend contacting your local Councillor to gain their support - find your local Councillor here.
To submit a nomination please use our Online Application Form.
Once an Asset is added to the List
Once an Asset is added to the list, the nominator and wider community is informed if the asset comes up for sale (or long-term lease) at any point in the future. The community has six weeks to express its interest in making a bid and can then prepare and submit a full bid within six months.
The owner considers any community bid along with all other bids, but is under no obligation to sell the property to the community and can sell to any bidder at any price.
The successful bidder then takes over ownership of the property.
The provisions do not place any restriction on what an owner can do with their property, once listed, so long as it remains in their ownership. This is because it is planning policy that determines permitted uses for particular sites. However the fact that the site is listed may affect planning decisions.
Assets are removed from the List, as soon as practicable:
- After a relevant disposal (other than an exempt disposal)
- When an appeal against a listing has been successful
- If the land or building ceases to be of community value, or
- Five years from the date of entry on the list
Information for owners of a community asset
There are certain provisions within the Asset of Communtiy Value regulations that protect the interests of the owners.
Once you have been notified of the Council's decision, you have eight weeks in which you can request a review of this decision. The property would remain listed whilst the review is carried out by a senior officer who was not involved with the original decision to list the property - view the procedure for listing review and appeal (pdf, 45kb).
If an asset is accepted as an Asset of Community Value and the owner decides to sell it, a moratorium begins during which contracts cannot be exchanged. However, there are a number of exemptions to this moratorium which mean that disposals are permitted to go ahead, including disposals that are:
- Gifts to family members
- A business sold as a ‘going concern’
- A part-listed property
- In fulfilment of a planning obligation, option or pre-emption right made before the asset was listed
- Under statutory compulsory purchase
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 - view the procedure for compensation and review appeal (pdf, 36kb).