ASSETS OF COMMUNITY VALUE
Under the Localism Act 2111, communities have the right to identify a particular building or piece of land that is considered of importance to the community to be declared an Asset of Community Value (ACV). Under the Act, arrangements have been made to help communities avoid losing local amenities e.g. village shops and pubs etc which would otherwise close, or be sold to be used for other purposes. In such cases, the local authority can designate the amenity as an ACV. The effect of the policy is that when the ACV comes up for sale, the community will be given a fair chance to make a bid to buy it on the open market.
Under these arrangements the Parish Council, members of the community or other community group can apply to Braintree District Council for the amenity to be listed as an ACV. Nothing else will happen at this point until the owner of the asset decides to sell. At this time the community is given an interim window of opportunity to express its intention to bid for the asset. If this does not happen, the owner is entitled to sell the asset. If an expression of interest is made there is provision for a further period during which time the community can prepare its bid to purchase the asset. The provisions do not compel the owner of the ACV to sell it to the local community.
Who can make a nomination?
To nominate a property you need to be:
- a community group with at least 21 members
- neighbourhood forum
- charity organisation
- parish council
- an industrial and provident society, or company limited by guarantee which doesn’t distribute any profit it makes to its members
- community interest company
To meet legal requirements, your nomination must give:
- a description of the nominated land and its proposed boundaries
- names of current occupants of the land (if known)
- names and current or last known addresses of all those holding a freehold or leasehold estate on the land (if known)
- clear reasons why the council should list it as an asset of community value, and
- evidence of the nominee’s eligibility to make a community nomination
Full details of the process are contained in Assets of Community Value (England) Regulations 2012