East Suffolk Council
How the Right to Bid Works
| Please read the information below before submitting a nomination application. |
What types of land or building can be nominated?
A building or other land is an asset of community value if its main use has recently been, or is presently used, to further the social wellbeing or social interest of the local community and could do so in the future.
The Localism Act states that social interests’ include cultural, recreational and sporting interests. The regulations list a number of situations where land or buildings are exempt from inclusion on the list or operation of the moratorium. These include homes, hotels, assets being transferred between kindred businesses, and other assets. Please refer to the regulations in the link below for further details:
It is expected that the new Community Right to Bid could be used to nominate land and buildings such as village shops, public houses, former schools, swimming pools and public open space. These might currently be owned by the local authority or another public body, but they could also be owned by a private company or an individual.
East Suffolk Council require nominators to discuss their application with the relevant Communities Officer prior to submission. This is to support you in submitting the best possible application. Please use this map to identify the relevant contact for your area.
What does the legislation do?
The legislation allows for a six month moratorium in the event of the asset being marketed for sale. During this time the asset cannot be sold. The six month moratorium allows the nominators time to gather funding and submit a bid to the owners with the intent of community ownership.
What does the legislation not do?
The legislation is not designed to prevent development or change of use. It does not give the nominators preferential treatment in regards to the purchase of the asset. For example, the owner does not have to sell at a reduced price, or grant the nominators first refusal to purchase.
Who can submit nominations?
A number of community organisations can nominate land and buildings for inclusion on the list; parish councils, neighbourhood forums (as defined in Neighbourhood Planning Regulations), unincorporated community groups of at least 21 members, community interest groups with a local connection. The full details of eligible groups is available in sections 4, 5 and 12 of the Asset of Community Value Regulations.
East Suffolk Council require unincorporated nominating groups to provide evidence of an organised effort to take an asset in to community ownership. This evidence should include a constitution, clear aims and objectives, and evidence that they meet at least semi-regularly over a reasonable timescale.
Social media groups/pages, petitions or similar provision will not be considered sufficient to demonstrate a focused effort to achieve the aims of community ownership of an asset.
How do I submit a nomination?
You can complete an online nomination form:
Alternatively, a Microsoft Word version of the nomination form is available to download, complete and return:
Completed forms can be submitted by email or by post to our Communities team. Only nominations submitted on either of the forms above will be accepted.
What happens once a nomination has been received?
Once a nomination has been received, the council has up to 8 weeks in which to consider it and reach a decision on whether or not it is valid and a listing should be made. Interested parties will be given six weeks to respond to the nomination and the decision will be made following this period, no later than 8 weeks from the date of submission of a complete application.
The Communities Team will inform the owners and occupiers of the asset in question when we receive a nomination. If it nomination meets the legislations requirements, it will be included on a list of Assets of Community Value for 5 years and recorded as a local land charge. The owners and occupiers of the asset will also be informed.
If the nomination does not meet the criteria, it will be included on a list of unsuccessful nominations and the owners/occupiers will be informed.
If a nomination is unsuccessful, the council will write to the owner and nominator giving the reasons why.
| East Suffolk community asset list | Unsuccessful community asset nomination list |
What can asset owners do if they are unhappy about their property being listed?
Asset owners can follow an appeals process if they are unhappy with a decision made by the council.
Re-nomination of the same land previously not listed as an Asset of Community Value
There may be occasions where nominations were unsuccessful and there is interest in re-nominating the same asset again. A piece of land or building can only be re-nominated where a community group is able to demonstrate that something material has changed which would be more likely to make the second listing decision successful.
What happens when the listed asset comes up for sale?
We will write to the nominating group who listed the asset to inform them that it is marketed for sale. The nominators then have 6 weeks (interim moratorium) in which to express an interest in purchasing the asset. If no expressions of interest are received, the asset owner can proceed with the sale.
If an expression of interest is received, the owner must wait until 6 months has passed from the moment notice to sell was received by the council (full moratorium). During this time, the community group should prepare and submit its bid for the asset.
Relisting of existing or lapsed Assets of Community Value
In the event that a nomination is received by East Suffolk Council for an Asset of Community Value that is either coming to the end of its current listing, or for an asset whose listing has lapsed, additional information is required within the nomination form. This is to take in to account any circumstantial changes that may have occurred since the previous listing.
Evidence submitted for previous listings (for example from 5 years ago) will not automatically be considered during the consultation and therefore nominators should fully state their case for a listing.
It is the responsibility of the nominating group to ensure that all relevant information is provided to East Suffolk Council.
Examples of evidence may include thorough community consultation and details/examples of current and recent use from the entire community. Further details and examples can be found in the nomination form.
Commercial properties and business viability consideration
The spirit of the Localism Act aims to provide opportunity for Assets of Community Value to be taken into community ownership. Due to the difficulties in obtaining independent opinion on a commercial property or business, the issue of business viability will not be considered during the application from either the nominating group or asset owner.
Requests to ‘Fast Track’ nominations
We occasionally receive requests to reach a listing decision quicker than the standard timescales dictate.
All nominations are received and processed in an identical manner, and no requests for a priority consultation will be accepted.