Community asset transfer
The Community Empowerment (Scotland) Act 2015 aims to empower communities by giving them control over assets so they can work together to make better communities.
The Act moves asset transfer from a voluntary approach by public bodies to one which introduces a right for community bodies to make requests for ownership, lease, management or use of publicly owned buildings or land whether or not they are available for sale or considered surplus to requirements .
We have a responsibility to assess requests transparently against a specified list of criteria, and to agree the request unless there are reasonable grounds for refusal.
The category ‘non-operational’ refers to property which is held which is not used to deliver (directly or indirectly) a council service.
Guidance
This guidance is designed to inform community groups interested in a Community Asset Transfer by providing a overview of the process and sources of further information.
How to submit an asset request to us
We encourage groups to submit an initial transfer request expression of interest so we are aware of and begin to understand your interest, direct you to appropriate support and provide you with a contact for accessing any relevant information that you may then need to inform completion of a full application for asset transfer.
You submit an expression of interest either online or returning form by email or post.
Your point of contact for discussing a potential asset transfer will be your local Community Development Manager:
- Find your Ward on our map
- Community Development Manager contact details.
General queries on the Council's CAT process can also be directed to CAT@highland.gov.uk
Documents
- Asset transfer request process guidance
- Community asset transfer flowchart
- Process and procedure - review of decision
- Expression of Interest Privacy Notice
- Asset Transfer Request Privacy Notice
Validated Asset Transfer Requests are evaluated using an Assessment Framework.
Eligibility
To request a lease or transfer of ownership through the CAT process, the Community Empowerment Act requires that the applicant group's governing articles or constitution demonstrate community control of the group.
This could require a group to make governance changes to be eligible for CAT and applciants are advised to check requirements of community control, which can be found in the Scottish Government guidance for applicants at section 5.10. These ensure that following transfer of an asset to a community group, anyone who is part of the community which the group represents can seek to influence how the asset is used and managed by getting involved.
The Scottish Government has also published model documents with guiding comments for SCIOs and companies with an interest in CAT.
Free, expert advice on group governance and other aspects of preparing for CAT of land or buildings can be accessed through the Community Ownership Support Service at DTAS. Highland Third Sector Interface can also offer similar support.
Confirmation of ownership
As part of the CAT process, applicant groups will be responsible for all reasonable property and legal costs - both the Council's and their own. Submission of a formal request for Community Asset Transfer must be accompanied by confirmation of property ownership. This may also identify other legal constraints on use of the land or building of interest, which could impact community plans for alternative use.
Applicants can obtain a legal title search from National Records of Scotland or a private searching agency. Alternatively, Highland Council Legal Services can commission an initial title search from NRS or a title searcher, on behalf of the group - this will require submission of a £500 up-front bond against which the cost of the title search will be charged. This early legal investigation is a relatively small initial investment in terms of the total cost of taking ongoing legal responsibility for transfer and use of land or buildings as a result of CAT.
Valuation of the asset
If an applicant group wants to commission a third party valuation of the property by an independent surveyor, the Council's Area Surveyor must first be given opportunity to instruct terms of the valuation, prior to it being carried out.
Current Requests
- Elphin, Ledmore and Knockan Community Association Ltd - Elphin Community Hall
- Balvonie Park Association - Land between Braes of Balvonie and the A9 - Inverness
- Memorial Hall, Fort Augustus - Fort Augustus and Glenmoriston Community Company
- Carrbridge Ahead Community Orchard
- Alness - The Place Youth Club
- Portskerra Playpark - Melvich Community SCIO
- Fortrose - Former Black Isle Education Centre and Raddery Woodland - Raddery House Ltd
- Melvich Public Toilets - Melvich Community SCIO
- Muir of Ord, Land at Industrial Estate - Muir of Ord Development Trust (Men's Shed)
- Thrumster Play Park - Thrumster Community Development Association
- Waternish, Skye - Land at rear of Waternish Hall - Waternish Community Garden SCIO
- Wick - Loch St. Garages and Land - St. Fergus Bowling Club
Concluded Requests
- Acharacle Community Centre - Acharacle Community Company
- Applecross Car Park - Applecross Community Company (withdrawn)
- Ardnamurchan - Site Surrounding Ardnamurchan Lighthouse - Ardnamurchan Lighthouse Trust
- Balintore Harbour Toilets - Seaboard Memorial Hall
- Balintore - Land at Harbour Green, Balintore - Seaboard Community Polytunnel Group
- Bettyhill Visitor Centre - Strathnaver Museum
- Bettyhill - Land at Clachan Graveyard Extension - Strathnaver Museum
- Bonar Bridge - Migdale Playing Field - Bonar Bridge Football Club
- Cromarty - Land at Whitedykes Industrial Estate - Cromarty Community Development Trust
- Corpach - Car Park at Station Rd. - Kilmallie Community Centre Ltd
- Dingwall - 4b Docharty Road - Dingwall Men's Shed
- Dingwall - Former Assessor's Office - Highland Third Sector Interface
- Dingwall - Land at former skate park, Jubilee Park Road - Dingwall Men's Shed
- Drumnadrochit Tourist Information Centre and Public Toilets - Glenurquhart Rural Community Association
- Dunbeath - Land SW of 9 Neil Gunn Road - Dunbeath & District Centre
- Elgol Public Toilets - Broadford & Strath Community Company
- Foyers - Land at Falls of Foyers Car Park - Stratherrick and Foyers Community Trust
- Fort William - Banavie Pitch, Car Park and Play Park - Lochaber Rugby Club
- Gairloch - Car Park Toilets - Gairloch Area Development Ltd
- Grantown on Spey - Public Toilets, Burnfield Avenue - Grantown Initiative
- Helmsdale - Coupers Yard - Helmsdale & District Development Trust
- Invergordon Town Hall - Invergordon Naval Museum and Heritage Centre
- Inverness - Land at Former Torvean Golf Course - Inverness Rowing Club
- Inverness - Pavilion at Millburn Academy - Inverness Men's Shed
- Kingussie Market Stance Pitch - Kingussie Camanachd Club
- Kingussie - Land and Buildings at Former Folk Museum - Am Fasgadh Regeneration Company (Kingussie) Ltd
- Kinlochewe - Public Toilets, Picnic Area and Car Park - Community Out West Trust
- Lairg - Land west of Ferrycroft Pitch - Lairg & District Community Initiatives (withdrawn)
- Lochcarron - Former nursery portacabin - Lochcarron Leisure Centre
- Lochinver Mission Centre - Assynt Development Trust
- Maryburgh - Former Primary School & Grounds - Maryburgh Men's Shed
- Nairn - Buildings at 60-62 King Street - Nairn Citizen's Advice Bureau
- Raasay Ferry Terminal - Raasay Development Trust
- Rosemarkie - Mill Cottage, 17 Bridge St - Groam House Museum (withdrawn)
- Stac Pollaidh Car Park - Outdoor Access Trust for Scotland
- Strathpeffer - Land and playpark adjacent to Ord Terrace - Strathpeffer Residents' Association
- Strathpeffer Spa Garden and Pump Room - Strathpeffer Pavilion Community Trust
- South Bonar - Land at South Bonar Industrial Estate - Kyle of Sutherland Hub
- South Bonar Public Toilets, Picnic Area and Car Park - Kyle of Sutherland Development Trust
- Storr Woodland - Staffin Community Trust
- Tougal Public Toilets and Car Park - Road to the Isles Facilities Group
- Thurso Greenhouses - Thurso Community Development Trust
- Thurso - Ormlie Community Centre - Ormlie Community Association
- Wick - MS Centre - Wick MS Centre
- Wick - Rosebank Playing Fields and Pavilion - Wick Community Hub
Support and advice
- Ten Steps to Community Ownership (Highlands and Islands Enterprise)
- Community Ownership Support Service
- Scottish Government - Asset Transfer
- Highland Third Sector Interface
Related Downloads
- Common good asset register
- Wick Common Good Fund
- Kingussie Common Good Fund
- Grantown on Spey Common Good Fund
- Thurso Common Good Fund
- Land adjacent to 17 Longman Drive, Inverness
- Wick Common Good Riverside Park ribbon lease oversail consultation
- Fort William Common Good Fund
- Elphin Community Hall - Elphin, Ledmore and Knockan Community Association Ltd