The Localism Act 2011
The Localism Act 2011 ("the Act") introduced 'Assets of Community Value' ('ACV') also known as the 'Community Right to Bid'. The right gives eligible groups the opportunity to identify and nominate assets that are of value to the local community and gives them a chance to delay the sale in order to prepare a bid to buy them should the owner decide to sell.
The right does not restrict in any way who the owner of the asset can sell their property to, or at what price, and it does not confer a right of first refusal to community or voluntary groups.
The ACV provisions are governed by the Localism Act 2011 and the Assets of Community Value (England) Regulations (2012) ('the Regulations').
Asset of community value definition
Under Section 88 of the Act a building or land is deemed to be of community value if, in the opinion of the council:
- The actual current use of the building that is not an ancillary use or land furthers the social interests or social wellbeing of the local community, and it is realistic to think that there can continue to be non-ancillary use of the building or other land which will further (whether or not in the same way) the social interests or social wellbeing of the local community, or;
- There is a time in the recent past when an actual use of the building or other land that was not an ancillary use furthered the social interests or social wellbeing of the local community and it is realistic to think that there is a time in the next five years when there could be non-ancillary use of the building or other land that would further (whether or not in the same way as before) the social interest or wellbeing of the local community.
Social interests are defined in the Act as including cultural interests, recreational interests and sporting interests.
Wellbeing is not defined in the Act or Regulations, however wellbeing is generally accepted to be the things that people value in their life that contributes to them reaching their potential, for example, being comfortable, healthy, or happy.
'Recent past' is not defined in the Act or Regulations, however generally this will be treated by the council as being in the last five years, although this will depend on the circumstances of each particular application.
For example, a library or public house which has been closed for three years and is derelict, could still be nominated if it is reasonable to think that it could, within the next five years, become a viable community asset.
Types of land or buildings that might be nominated:
- Local shop
- Public house/restaurant/café etc
- Community centre/church hall etc
- Swimming pool/leisure centre/gym
- Children's activity centre
Land which may not be listed
The Community Right to Bid does not apply to certain types of land or buildings, which are excluded from becoming an ACV.
Schedule 1 of the Regulations sets which land is not land of community value and therefore may not be included on a local authority's list of ACVs.
Examples of these are:
- A residence together with land connected with that residence. However, a residence may be listed if the residence is a building that is only partly used as a residence and the land would be eligible for listing but for that residential use of the building.
- Land in respect of which a site licence is required under Part 1 of the Caravan Sites and Control of Development Act 1960 or would be if paragraphs 1, 4, 5 and 10 to 11A of Schedule 1A to that Act were omitted.
- Operational land as defined in section 263 of the Town and Country Planning Act 1990, such as railways, airports and gas, electricity and water services.
Other assets that would not normally be considered as having 'community value' are:
- Administrative offices
- Land or property where community use is secondary to its main purpose
- Buildings used as a place of religion
Who can nominate an asset
- A body designated as a neighbourhood forum under Section 61F of the Town and Country Planning Act 1990
- A parish or town council
- An unincorporated group whose members include at least 21 individuals from the local or neighbouring authority which does not distribute any surplus it makes to members
- A charity
- A company limited by guarantee which does not distribute any surplus it makes to its members
- A co-operative or community benefit society which does not distribute any surplus it makes to members; or
- A community interest group
The Groups activities must be wholly or partly involved in the local authority's area or in a neighbouring authority's area (shares its boundary with Kirklees).
If you are an unincorporated group, you need to provide a list of at least 21 'local members' who support the nomination. Please ask members to complete and sign the Unincorporated Group - List of Group Members.
Register of assets
Check if an asset is currently listed or if it has been unsuccessfully nominated and the reason why:
How to make a nomination
If you would like to nominate an Asset of Community Value, please read the Guidance for Nominees prior to completing the nomination form as you are required to submit various forms of evidence to support your nomination.
If you are an asset owner, freeholder or leaseholder, for the purpose of the act if a leaseholder has a lease of 25 years or more they are classed as the owner, please read the Information for Asset Owners to find out how you and the asset are affected if the asset listed.
Who decides whether an asset should be listed or not
A panel of officers from the council meet to consider the nomination. They use the statutory regulations to help assess the information submitted by the nominating group, along with any additional information obtained before reaching its decision.
The nominating group will be informed in writing within 8 weeks of the Council's decision.
Please note that the nominating group have no right of appeal if the asset is not listed as an asset of community value. However, the Council must provide written reasons to that group as to why it has made the decision not to list.
If the asset owner is unhappy with the Council's decision to list their asset they can request a listing review. This must be done within 8 weeks of receipt of the written notification confirming the asset has been listed.
Information will be provided directly to the asset owner about how they can do this once they receive notification of the Council's listing decision.
How long the listing lasts if the nomination is approved
The asset will remain on the list of Assets of Community Value for 5 years, unless proof is provided to show the asset is no longer of community value, it can then be removed from the list at this point.
Guidance and Legislation
How to nominate an asset
Fill in our simple online form
Info circle Please Note - You will need to create/log into a MyKirklees account to complete the nomination form. You can create a MyKirklees account even if you live outside Kirklees. The form can be saved at any point, an email will be sent to the email address registered on your MyKirklees account with a link to return to the form to enable you to continue filling in the form and submit it.
Clock Completing this form takes around 45 minutes.
Paperclip Don't forget to attach the information requested to prove:
- The group is eligible to make the nomination
- Information about the asset including:
- Details of the owner, Leaseholder and occupier (as applicable)
- A boundary plan of the area of the asset you wish to cover
- Why you feel it is an asset of community value
If we require any additional information to support the nomination, we will contact the groups representative.Nominate an asset of community value
After you've nominated an asset
- We have 8 weeks to consider each nomination.
- Once a decision has been made the group will be notified in writing of the outcome.
- The asset owner will also be informed of the decision.
If you require further information/guidance please do not hesitate to contact us:
- Asset Strategy
- Email firstname.lastname@example.org