Community right to buy land: a PSG update
On 27 June 2018, communities obtained a new right to buy land (or a building) that is abandoned, neglected or causing environmental harm. Unlike the traditional right to buy, the new right is triggered immediately, without the owner of the land having to put the land on the market. The community body must however have tried, and failed, to buy the land direct from the owner, before they can apply to Scottish ministers to exercise the right.
The Property Standardisation Group has updated its offers to sell, to provide wording that addresses the possibility of an application by a community body during negotiations for the sale and purchase of a property, since the appearance of an application in the new Register of Applications by Community Bodies to Buy Land means the owner is prohibited from taking any action to transfer the land. The accompanying guidance notes have also been amended.
In particular, only the offer to sell with vacant possession contains the full-blown wording. The PSG took the view that since the investment offer caters for property that is let, and therefore in productive use, the right to buy criteria will not apply, so this offer only contains a default clause – that the land is not abandoned, neglected or detrimental within the meaning of the regulations. Should this not be the case, the drafter can adopt the vacant possession offer wording.
If a community application is made but missives for sale have already been concluded, the sale may proceed, and the disposition in implement of the missives must contain a declaration to that effect. This requirement also applies to other exempt categories, such as gifts or group company transfers. The PSG multi-option disposition has been updated with suitable wording.
In this issue
- Cross-border maintenance claims: a sprint and a marathon
- Community right to buy: the new scope
- Missives: time to add a penalty
- A tall but true tale: Charles Byrne, the Irish Giant
- Toronto: the Scottish perspective
- Reading for pleasure
- Opinion: Amanda Ward
- Book reviews
- Profile: Heather McKendrick
- President's column
- Keeper addresses key issues
- People on the move
- 250 and counting
- Keynote legal excellence
- Strategic thinking?
- Recovery of electronic documents: time for guidance?
- The perils of parking
- Judicial appointments: the concerns remain
- Undefended claims: the limits of intervention
- Statutory guidance: it’s coming back
- LBTT group relief: a retrospective fix
- Putting the squeeze on rejections
- Community right to buy land: a PSG update
- The Planning Bill: a case for further development
- Legal's leading role
- Global picture
- ICW: the Scottish perspective
- First-time buyer relief: a Revenue Scotland update
- Public policy highlights
- Scots host four-way golf international
- Conveyancers beware!
- Ask Ash
- Expenses: a bone of contention
- R is for... ?
- Paralegal pointers