Community Right to Bid - Print version

Part 5 Chapter 3 of the Localism Act (2011) [http://www.legislation.gov.uk/ukpga/2011/20/pdfs/ukpga_20110020_en.pdf] details the regulations for Assets of Community Value and sets out the Community Right to Bid.  

The purpose of the Community Right to Bid is to give communities a right to identify a property (an Asset of Community Value) which they believe is of benefit to their social interests or social wellbeing. It gives them a fair chance to make a bid to buy the property on the open market if the property owner decides to sell. Eligible community groups, local parish councils, local neighbourhood planning forums and charities can nominate a property to be listed as an Asset of Community Value. Successful nominations expire after five years.

List of unsuccessful nominations

Ref: ACV01
Address: 90 Craven Street, Chapelfields, Coventry CV5 8DW
Ward: Whoberley
Parish N/A
Date listing expired: 04/06/2018
Date refused: 04/06/2013
Nominator: Craven Crusts Ltd

Reason for Refusal of Nomination Within the meaning of Section 88 of the Localism Act 2011: Failed to meet Section 88(2): Due to the site being closed for some time and its previous use solely as a commercial property it does not meet the criterion of demonstrating that in the recent past it furthered the social wellbeing or social interest of the local community.

Making a nomination

Your community group is eligible to nominate a property to be listed as an Asset of Community Value if you answer 'yes' to the two questions below:  

• Do you have a local connection to the property you wish to nominate?  
• Are you an unincorporated community group with at least 21 members who are registered to vote in Coventry, a parish council, charity, industrial & provident society, local ward forum, company limited by guarantee or community interest company?

If you still wish to nominate you must complete a Nomination Form, giving details of the property address, details of the owner, the extent of the site, why you feel it is an asset of community value, and evidence of your eligibility to nominate. 

Download the nomination form and the guidance notes to help you complete it. [/downloads/download/2543/community_right_to_bid]

Please e-mail your completed nomination form to Conservation@coventry.gov.uk [mailto:Conservation@coventry.gov.uk]

What happens next?

Nominations will be assessed within eight weeks of receipt. We will check each nomination form to ensure it is being made by an eligible community interest group. Then if the property is considered to have community value it will be added to the List of Assets of Community Value [https://www.coventry.gov.uk/communityrighttobid].

Assets will remain on the list for five years and a land charge will be registered against the property.

You will be informed that the property has been listed and the date in five years' time when it will be removed from the list. After this date you will need to submit a new nomination.

If we decide to list a property the owner can ask for a review and there will be a process [https://www.coventry.gov.uk/communityrighttobidreviewprocedure] for an appeal to an independent body. Further guidance will be provided in the letter to the property owner.

Unsuccessful nominations

Should a nomination be ineligible we will notify the nominee and provide an explanation as to why it was unsuccessful. The property will then be added to a list of 'unsuccessfully nominated properties [https://www.coventry.gov.uk/communityrighttobid]' and will remain on the list for five years.

There is no appeal or review process for unsuccessful nominations.

Making a bid

The owner of a property that is listed as an Asset of Community Value [https://www.coventry.gov.uk/communityrighttobid] must inform the Council when they intend to sell the property and we will inform the nominator.

If you wish to make a bid you must inform us within six weeks of us telling you the property is available to purchase that you intend to do so.  You will then have six months to put a bid together. This six month period is known as the moratorium period and runs from the date that the owner advises us of their intention to sell.

At any point before the end of the six month moratorium period you may enter into negotiations with the property owner providing the owner is willing to do this.  We would ask that we are kept informed of any developments.

At the end of the moratorium period if you have successfully put a bid together the owner will have the option to accept your bid or sell the property on the open market.

Asset of community value – listing review procedure

This listing review procedure follows the requirements set out in Schedule 2 (the Schedule) of the Assets of Community Value (England) Regulations (2012) (the ‘Regulations’) as required under Regulation 10.

In accordance with Regulation 2 (c), Coventry City Council will remove an entry from the list if it is the subject of a successful appeal against listing, or the authority for any reason no longer considers the asset to be of community value.

Any removal of an asset listed on the Council’s Assets of Community Value (ACV) list will be notified to all parties identified in Regulation 9 and s.91 Localism Act 2011, generally those originally notified of the nomination and listing.

Who can request the review of an Asset of Community Value listing?

An owner of listed asset is the only person specified in the Regulations who can request a listing review. However, the owner may appoint a representative to act on his/her behalf for the review. This representative may be, but does not have to be, legally qualified. The Council will provide all relevant documents to the representative, but does not have to provide them separately to the owner.

How to request a review of an Asset of Community Value listing

In line with Schedule 2 of the Regulations, a review may be requested by an owner of the listed asset in writing within 8 weeks of notice being given, or completion of reasonable steps being taken to give notice, of Coventry City Council’s decision to list an asset nominated as an asset of community value. To request a listing review, an owner of the listed asset should request a review in writing to Coventry City Council. The asset relating to the review will remain listed while the review takes place.

Who will undertake the review?

A senior officer of the Council who is independent of the ACV decision making process will conduct the review.

What is the scope of the review?

Unless otherwise specified, the review will set out to ascertain:

1. whether the nominating body was eligible to make the nomination, and
2. whether the asset meets the statutory criteria for listing.

Will there be a face to face discussion about the review?

The owner may request an oral hearing. In the event no written request for an oral hearing is received from the owner, then the review will proceed on the basis of written submissions. The reviewing officer may nevertheless decide to hold an oral hearing if they think it will assist in making the decision. Both the owner and the owner’s representation may make representations to the reviewer orally and/or in writing.

How long will it take for a decision on the review to be reached?

A review decision will be reached by Coventry City Council within eight weeks of the receipt of the written request for review, unless a longer period is agreed with the owner in writing. The outcome will be communicated to the asset owner or their representative as soon as possible once the decision has been reached.

Notification of decision

The outcome of the review will be sent in writing (usually by email) to the owner or their representative once a final decision has been reached. Where the outcome of the review results in a change to the listing status of the asset reviewed, the Council will also notify those specified in s.91 of the Localism Act 2011.

Can I appeal against the listing review decision?

Yes. In accordance with Regulation 11, if an owner is unhappy with the outcome of the review, they may appeal to the First Tier Tribunal against the local authority’s decision. Details of how to contact the First Tier Tribunal will be provided as part of notification of the Council’s decision on the listing review.