Consultation: community right to buy abandoned / neglected / detrimental land

The Scottish Government’s Community Land Team is holding a consultation on proposals for secondary legislation for the community right to buy abandoned, neglected or detrimental land. Community Land Scotland will be making a response to this and will be consulting its members in due course.

A copy of the consultation can be accessed here.

The consultation seeks comments and feedback on policy proposals for some of the key aspects of the secondary legislation relating to the new community right to buy abandoned, neglected or detrimental land in Part 3A of the Land Reform (Scotland) Act 2003 which was introduced by Part 4 of the Community Empowerment (Scotland) Act 2015.

The community right to buy abandoned, neglected or detrimental land gives community bodies the right, in certain circumstances, to buy land without a willing seller, when the land is wholly or mainly abandoned or neglected, or the use or management of the land is causing harm to the environmental wellbeing of the local community.

This consultation discusses the following policy areas:

  • Matters which Ministers are required to have regard to when deciding whether land is eligible land for the purposes of Part 3A of the 2003 Act, that is land which is eligible for purchase by the Part 3A community body;
  • Land pertaining to land on which there is a building or structure which is a person’s home. Such land will also form part of the person’s home so will not be eligible land;
  • Other forms of land which is not eligible land;
  • What forms of occupancy of possession of a home are, or are to be treated as, a tenancy of that home. Land on which there is such a home which is occupied under the terms of a tenancy is eligible land. Proposals discuss various forms of housing tenancy, and what land occupied under the terms of such a tenancy is eligible land;
  • A description of prescribed regulators that a Part 3A community body will be required to approach, where relevant, to request that the regulators take action to mitigate the harm being caused to the environmental wellbeing of the community;
  • What prohibitions or suspensions of rights will be placed on the transfer or dealing of land following receipt of a Part 3A application;
  • The circumstances in which the Part 3A community body can apply for the cost of the ballot to be reimbursed by Ministers;
  • The procedure by which any person, other than the applying Part 3A community body, may apply for compensation in respect of a loss or expense incurred as a result of a Part 3A application.

Information on how to respond and handling your response is set out in the consultation paper.

The consultation is open until 20 June 2016