Community Asset Transfer
Welcome to Argyll and Bute Council’s Asset Transfer Request pages for Community Transfer Bodies. These pages have been developed in line with the Community Empowerment (Scotland) Act 2015. In particular Part 5 of the Community Empowerment (Scotland) Act 2015 which sets out the key rights and duties for community transfer bodies and relevant authorities and provides a new framework for the asset transfer process.
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Registered community transfer bodies can now make applications to public authorities to acquire land and property which is not listed for sale.
There is a presumption of approval – unless there are reasonable grounds for the council to refuse the request. The Act and associated Guidance does not specify what reasonable grounds for refusal would be – these would depend on the circumstances of each individual case.
In deciding requests the council would consider a range of factors:·
- the reasons for the request
- supporting information
- whether agreeing the request would be likely to promote or improve:
- economic development
- public health
- social wellbeing
- environmental wellbeing
- whether agreeing the request would be likely to reduce inequalities
- any other benefits
- the benefits of any alternative proposal
- other matters that the council considers appropriate
The paragraphs below outline the content of our pages. The buttons at the top of the page allow you to jump between pages.
These pages contain links to downloadable documents and forms, other relevant information and links to key support organisations.
Asset Transfer Support
This page is where we host links to support organisations and key documents about the Community Empowerment Act.
The page contains links to downloadable documents and, other relevant information from key support organisations.
Expression Of Interest
To support community groups wishing to investigate the possibility of developing a full request we have developed an informal pre-application stage that allow us to support your group to develop a strong application request.
To register your interest and download a form look at our
Community Transfer Bodies
To make an asset transfer request, an organisation needs to be a CTB (community transfer body). This is defined in section 77 of the Act. It can be either a community controlled body or a body designated by the Scottish Ministers. To qualify as a community controlled body, the body‘s constitution, Articles of Association or registered rules must include the following:
- (a) A definition of the community to which the body relates. The group may represent the community in a particular area or people who have a common interest or characteristic. The definition should be clear enough to show whether a person is a member of the community or not.
- (b) provision that membership of the body is open to any member of that community
For more information on CTB's and how they are designated look at our
Land and Asset Tool kit
In the past, asset transfer has usually only been available for land or buildings which a public authority has decided to dispose of, and has decided is suitable for community use. The Act puts more power in the hands of communities by allowing them to request whatever publicly held property they believe will be most suitable to deliver their objectives. The decision process provides for a comparison between the benefits of the community body‘s proposal and the benefits of any alternative, including the current use.
To help community bodies identify assets that may be available through asset transfer, section 94 of the Act requires each relevant authority to establish, maintain and make available a register of land which it owns or leases, "to the best of its knowledge and belief." We are developing a user friendly set of web tools to help you identify our land and assets. This process is still under development and is not yet a complete record of all land and assets. Over time we will bring the register and tool kit up to date. We will continue to update any changes to the register on a regular basis.
To view our list and access the tools look at our
Asset Transfer Request
A transfer request can be for ownership, lease or other rights. Part 5 of the Community Empowerment (Scotland) Act 2015 allows a community transfer body to make an asset transfer request to a relevant authority. A request can be made in relation to any land which is owned or leased by Argyll and Bute Council. There is a process for Argyll and Bute Council to acknowledge the request, notify others who may be interested, and allow them to make representations.