Community Asset Transfer

Key rights and duties for community transfer bodies and relevant authorities and framework for the asset transfer process.

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 Argyll and Bute Council.  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.

You can download Asset Transfer Request form from the links at the bottom of this page. We would suggest you complete an expression of interest form and engage in the pre-application stage.

(following extracts taken from Scottish Governments Asset Transfer Guidance)

4.3. The community transfer body can ask to buy or lease the land, or to have other rights, for example to occupy or use the land for a particular purpose.

4.5. 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.

4.7. Once an asset transfer request has been made, Argyll and Bute Council is not allowed to transfer the property to anyone else until that request process has been completed, including any appeals. This does not apply if the property was advertised for sale, or negotiations had started to transfer it to someone else, before the asset transfer request was made.

4.8. In deciding whether to agree to or refuse the request, Argyll and Bute Council must consider the following things:

  • the reasons for the request,
  • any other information provided in support of the request
  • whether agreeing to the request would be likely to promote or improve
    • economic development
    • regeneration
    • public health
    • social wellbeing
    • environmental wellbeing, or
  • whether agreeing to the request would be likely to reduce socio-economic inequalities
  • any other benefits that might arise if the request were agreed to
  • how the request relates to the relevant authority‘s duties under Equalities legislation
  • any obligations that may prevent, restrict or otherwise affect the authority‘s ability to agree to the request

 4.9. Argyll and Bute Council will compare the benefits of the proposal in the request to the benefits of any alternative proposals, whether those come from the authority itself or anyone else, and consider how the potential benefits relate to the functions and purposes of Argyll and Bute Council, and any other matters they consider relevant.

8.1. .... Community transfer bodies are strongly advised to contact Argyll and Bute Council and discuss their proposals at an early stage.

8.2. In the past, most voluntary asset transfer schemes have taken a two-stage approach. Community bodies were asked to submit outline proposals or expressions of interest, and if this was given approval in principle they would be supported to develop a full case to go forward for a final decision. While the statutory scheme requires a full request to be made to initiate the process, it may still be helpful to invite outline proposals as a ―pre-application stage. Community bodies would then know whether they had support from Argyll and Bute Council before undertaking the substantial work to produce a full asset transfer request, or applying for funding. However, they will still have the right to submit an asset transfer request without going through any ―pre-application‖ stage, or if their outline  proposals have not been supported.

8.4. The legislation requires certain information to be specified in an asset transfer request. In terms of regulation 5 of the Procedure Regulations, an asset transfer request is not treated as having been made until all the required information is received by Argyll and Bute Council.

We have produced an Asset Transfer Request form that lays out clearly all the information needed to assess a request you can download the ATR form we have also produced a Guidance note to assist in filling in your request.

The Scottish Government have produced a set of guidance notes you may find helpful.

If you would like to get support with an application look at our Expression of Interest page

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Transfer Request Guidance Notes Community Final 11.04.17
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