MKC's Community Right to Bid

We strongly encourage any group which is interested in nominating an asset to engage in a pre-nomination discussion by contacting 01908 253632 or emailing neil.hanley@milton-keynes.gov.uk

We will not normally enter into correspondence with local groups making a nomination. We will determine the outcome of any submission based upon the evidence provided by us. However, we may, at our own discretion, seek clarification if certain matters need clarification. Any group considering making a nomination should therefore ensure that it compiles in full with the requirements of the nomination process before it is submitted to us.

In line with the Localism Act (2011), the Council is required to maintain processes which give people the chance to bid, to buy, and to take over the running of public or private assets that are of value to the local community.

The Council is required to decide whether to approve such nominations and to maintain and manage lists of such assets in line with the statutory framework.

In the Right to Bid, if a property (building or land) is listed as an asset of community value, then if the owner wishes to sell the asset or grant a lease for 25 years or more, a six-week or (if a community interest group expresses an interest within six weeks) a six-month moratorium period will be triggered during which the property cannot be sold or so let other than to a Community Interest Group. This period will give the third-party group time to develop a proposal and raise the required capital to bid for the property when it comes onto the open market at the end of the moratorium period.

 

The main rules which guide Right to Bid nominations:

  • Only the community can nominate (section 89 of Localism Act)
  • No consultation is required prior to listing
  • Sites can be nominated as Assets of Community Value if:
    • their actual use (not ancillary use) furthers the social well-being or social interests of the community and it is realistic to think this can continue
    • they have been used “in the recent past” for the social wellbeing or social interest of the community and it is realistic to think they could be so used again in the next five years
  • Social interest includes cultural, recreational, and sporting interests, but excludes residential premises and surrounding land, and “operational land” e.g. the Post Office, utilities, transport providers etc
  • Once listed, the owner will be able to dispose of the site at any time so long as it is to a “community interest group”, meaning a Parish Council, or a body with a “local connection” e.g. a company limited by guarantee which is non-profit distributing, a co-operative or community benefit society which is non-profit distributing, a Community Interest Company, or a Charity.

Useful Government guidance (prepared by the Department for Communities and Local Government) can be found in the list of links on the left of this page, along with a nomination form for those interested in making a submission in the Community Right to Bid process.

Please note that the Community Right to Bid is not aligned with the idea of Community Asset Transfer, of which more information can be found here.

Last Updated: 30 June 2017