Community right to bid

The Community Right to Bid is a function of the Localism Act 2011 that is administered by local authorities. It is designed to allow community groups time to assemble bids for assets that both they and the council consider to be of ‘community value’ by evoking a moratorium (stand-still) period when a valued asset is to be sold.

The right does apply to privately held assets as well as those owned by the council. The right does not force the asset owner to sell to any bidding community groups; sales are still controlled by market forces following the moratorium period.

Ultimately, the right is designed to allow community groups time to assemble a bid to preserve an asset that they consider vital to their community.

The information contained on this page summarises the details of the Right to Bid.

Full information relating to the Right to Bid and Cheshire East’s policy for administering it can be found in our right to bid guidance document (PDF, 344KB)

Process

• Community right to bid process chart - nomination (PDF, 178KB)
• Community right to bid process chart - review (PDF, 175KB)
• Community right to bid process chart - sale of asset (PDF, 176KB)
• Community right to bid process chart - compensation (PDF, 174KB)

Who can nominate

Only eligible voluntary and community organisations can make nominations.

A nominating organisation must:

• have a local connection to the property they wish to nominate; this means that its activities are wholly or partly concerned with the administrative area of Cheshire East Council or a neighbouring local authority
• be one or more of the following:
  • an unincorporated community group with at least 21 members who are registered to vote in the Cheshire East Council area
  • a parish council
  • a charity
  • an industrial and provident society
  • a local neighbourhood forum
  • a company limited by guarantee or a community interest company

What can be nominated

Nominators must provide evidence as to why the nominated asset is of community value. The council ultimately decides whether this evidence is sufficient to list the asset. A building or piece of land is deemed to have community value if, in the view of the council:

• The use of the land or building currently, or in the recent past, furthers the social well-being or cultural, recreational or sporting interests of the local community
• This use (as described above) of the building will continue to further the social well-being or interests of the local community
• The use of the building or land must not be deemed ‘ancillary’, ie of secondary purpose. This means that the use of the land or building to further social well-being or interests of the community must be its principal use.

Assets of community value cannot be:

• residential properties and associated land
• land licensed for use as a caravan site
• operational land used for transport and other infrastructure
• an ‘ancillary’ use, such as a café within a workplace 

How to nominate

A nomination has to contain certain information, be made by an appropriately-constituted group, and concern a relevant asset to be accepted. The Localism Act (2011) and Assets of Community Value Regulations (2012) require that nominations to the register of ‘assets of community value’ contain the following information:

• the nominator’s reasons for thinking that the local authority should conclude that the land is of community value
• evidence that the nominating group is eligible to make a community nomination
• evidence that the nominating group has a ‘local connection’

Nominators should complete the Nomination of asset form Nomination of asset form (PDF, 284KB)  and email the completed form and supporting evidence to communityrights@cheshireeast.gov.uk .

• We are currently unable to accept postal submissions

Lists of assets of community value

Local authorities are required to publish the list of assets of community value (those subject to a successful nomination) and the list of unsuccessful nominations. These can be found below.

• List of assets of community value in Cheshire East (PDF, 180KB)
• List of unsuccessful nominations under the community right to bid (PDF, 180KB)

The owner of the property must advise us when they intend to sell the property; at this point the council will include details on our published lists and we will inform the nominating group.

If no community interest group notifies the council within six weeks of the owner’s notification to dispose indicating their desire to bid, the owner is free to sell their property as they see fit.

If an eligible community interest group notifies the council within six weeks that it wishes to bid for the asset, it will have up to six months in which to prepare its bid.