Assets of Community Value List
The introduction of the Localism Act 2011 provided a new right for residents to nominate certain local public or privately owned buildings or land for recognition as being an asset of community value (ACV).
We are obliged to consider all nominations received and include the building or land on a list of assets of community value, if in the opinion of the council, the current use or a recent past use of the asset has furthered the social wellbeing or social interests of the community and can continue to do so.
National Guidance on the listing, nominating and deciding on ACV nominations is available here.
Each nominated asset will be considered to see whether it meets the criteria for acceptance. We will make a decision on whether to list the asset within eight weeks of receiving a completed nomination form.
A separate nomination form will be required for each asset that is nominated. The nominator and owner of the asset will be advised of the outcome. Depending on the decision, the asset will then be entered on to either the list community value or a list of unsuccessful nominations.
Assets will remain on our lists for a period of five years.
Exemptions from the process
Only certain land or buildings may be listed as assets of community value and not all disposals of that asset will be covered by the community right to bid and be subject to the moratorium on sale.
The regulations exclude from listing:
- residences, including gardens, outbuildings and associated land
- licensed and some unlicensed caravan sites
- operational land of statutory undertakers.
The provisions explicitly exclude assets whose current or recent past use does not meet the definition of community value, even if the use to which an intended community purchaser wishes to put the asset is clearly of community value (eg a long-derelict site, which an enterprising community group wishes to develop as a community facility).
Once an asset is listed, the owner cannot dispose of it other than to a community interest group, without the community having six months to put together a bid to buy the asset. However, the owner of the asset does not have to sell it to the community and can appeal against our decision to list the asset.
Owners are entitled to claim compensation from us if the listing of an asset results in the owner incurring a loss.
The compensation is determined and payable by the Council but owners have a right of appeal.
If you represent a community or voluntary body, you may be eligible to nominate an asset to be included on the list.
Only the following types of 'voluntary and community bodies', with a local connection, are eligible to nominate properties to be included on the list.
A 'local connection' means that the body's activities are wholly or partly concerned with the borough of Wellingborough or with a neighbouring borough, and for some bodies that any surplus it makes is wholly or partly applied for the benefit of the borough of Wellingborough or a neighbouring borough.
Types of organisation that are eligible
1. Unincorporated groups - Membership of at least 21 local people who appear on the electoral roll within the local authority or a neighbouring local authority.
2. Neighbourhood forums - Only one forum per area
3. Community interest groups with one or more of the following structures:
- a charity
- a community interest company
- a company limited by guarantee which does not distribute any surplus it makes to its members
- an industrial and provident society which does not distribute any surplus it makes to its members.
If your organisation is eligible and you would like to nominate a building or land as an asset of community value, you may do so by completing the community assets form below and send it to us at firstname.lastname@example.org or post it to: Policy and Regeneration, Borough Council of Wellingborough, Doddington Road , Wellingborough, Northamptonshire. NN29 7LU
Want to know more? Call 01933 231985