Assets of Community Value Register
Community Right to Bid was introduced by the Localism Act 2012. The right allows local community groups, parish and town councils, voluntary groups, neighbourhood forums, industrial and provident societies to identify land and buildings, in public or private ownership, that provide an important service in the local community and nominate these to be included on the list of assets of community value. If an asset on the list comes up for sale, community groups will have six months to raise the capital and bid to buy the asset, before it can be disposed of on the open market.
Section 88 Localism Act 2011 criteria must be satisfied before an asset can be accepted as being an asset of community value. The asset must be: -
- The actual use not an ancillary one that furthers social wellbeing or social interest of the local community
- And it is useful to think that there can continue to be a non-ancillary use which will further (does not have to be the same use) the social well being or social interests of the local community.
Notes for Personal Search Companies
If the property does not appear on the ACV lists, it is not an ACV and the answer to CON29 Question 3.15 (a) is NO and 3.15 (b) is N/A
If the property appears on a list, please email ACV@tendringdc.gov.uk for a response to these questions under EIR.
Who can bid?
- A local voluntary or community group that is incorporated that has at least 21 members and who are currently registered to vote in the local authority area
- A parish or town council within Tendring District
- A neighbouring parish council that shares a boundary within Tendring District
- A neighbourhood forum designated for planning purposes under the Town and Country Planning Act 1990
- A company or industrial or provident society which does not distribute its surplus to its members
- A community interest group
A building or piece of land is an asset of community value if it is at least partly within Tendring district and its main use has recently been to further the social wellbeing or social interest of the local community and it could do so in the future.
If land or buildings on the list come up for sale in the future then the local community has the option of six months to prepare a bid to buy the asset.
Nominations must include: -
- A description of the nominated asset including its boundaries
- The names of current occupants of the asset and anyone having a freehold or leasehold estate in the land
- Your reasons for thinking that the asset is of community value and
- Evidence that you are eligible to make a community nomination
To help you collect together this information we have drawn up a form which you can use. Nomination form for assets of community value.
Nomination forms should be downloaded, completed and sent to Gill Burden Tendring District Council Thorpe Road Weeley Clacton on Sea Essex CO16 9AJ or firstname.lastname@example.org
What happens next
A panel will make a decision on your nomination within 8 weeks and will add the nomination to the list of assets of community value or to the unsuccessful community nominations.
The owner of the land or asset may appeal against the listing of the asset by writing to the Council's Chief Executive. This appeal will be heard within another 8 week period.
When an owner decides to sell an asset which is on the list of assets of community value they must tell the Council. We will then tell the original nominator and publicise the proposed sale within the community.
If no community group expresses an interest in bidding for the asset within a 6 week period, then the owner can proceed to sell it.
If a Community group expresses an interest in bidding, then they have a 6 month (moratorium) period in which to make an offer to the owner. The owner will consider the community groups' offer and can accept or reject it. If the offer is rejected, the owner can make a sale on the open market.
Inclusion on the register will give communities more time to prepare bids to buy land and properties should they come up for sale. It does not mean an owner has to sell the property or land to the community, but it aims to give communities more time to secure funds to enable them to compete on a more level playing field.
Properties and land will remain on the register for 5 years and applications for inclusion can be renewed by going through the application process again. To view the TDC list of registered Assets please refer to the Assets of Community Value Register on the left of this page.