Nominate a property

Nominate a property or land by completing the form below.

• Complete the nomination form (opens in new tab)

We require the following:

• a description of the land being nominated, including its proposed boundaries and a map showing those boundaries. These do not have to match ownership boundaries (such as those on a Land Registry plan) and the land can also be made up of areas owned by more than one owner
• any information that you have about the freeholders, leaseholders and current occupants of the site
• the reasons for nominating the asset, explaining why you believe the asset meets the definition in the Act
• confirmation that you are eligible to make the nomination.

We verify the nomination by:

• checking that all of the information has been provided and will contact you if there is anything else we require
• notifying the owner of the site that their site has been nominated.

We then assess the nomination to ensure it meets the criteria as set down in regulations.

• we make a decision and enter the site on our list. We keep two lists, sites that are assessed as assets of community value and those that are not.
• we notify all parties of our decision. This decision will appear on any future land search for the site.

Assets of community value expire after five years. Once an asset has been listed nothing further will happen unless the owner decides to dispose of it.

Unless an exemption applies, the owner will only be able to dispose of the asset after a specified window has expired (moratorium).

The first part of this window is a six week interim period, which applies in all cases, from the point the owner notifies the local authority. This period allows community interest groups to make a written request to be treated as a potential bidder. If none do so in this period, the owner is free to sell their asset at the end of the six weeks.

If a community interest group (as defined in regulation 12 of the regulations) does make a request during the interim period, then the full six month moratorium will operate (again from the point the owner notified the local authority) to enable the community group to develop an offer to purchase the asset.

During this period the owner may continue to market and negotiate sales, but may not exchange contracts or enter into a binding contract to do so later. There is one exception - the owner may sell to a community interest group during the moratorium period.

After the moratorium period – either the six weeks if there has been no community interest or the full six months – the owner is free to sell to whoever they choose. No further moratorium will apply for the remainder of a protected period lasting 18 months (running from the same start date of when the owner notified the local authority of wishing to sell).

An owner has the right to request the local authority review its decision to list an asset. The deadline for the owner to request this review is eight weeks from the date the notice of listing was given (or from the date that alternative steps were completed to bring listing to the owner’s attention) or a longer period allowed by the authority in writing. The property will remain listed while the review is carried out.

The landowner must present a case for removing the asset from the list based on whatever evidence they consider appropriate, but it should be relevant to the following issues:

• whether or not the asset is eligible to be listed
• whether or not the asset was nominated by an eligible group

The review will be undertaken by a senior officer of the council who was not part of the original decision.

The owner and/or their representative may make representations to the reviewer orally and/or in writing. If the owner is not satisfied with the outcome of the internal review they have the right to appeal to the First-Tier Tribunal against the local authority’s review decision.

Private owners may claim compensation for loss and expense incurred through the asset being listed or previously listed.

The Regulations specifically state that this will include a claim arising from a period of delay in entering into a binding agreement to sell which is wholly caused by the interim or full moratorium period, or for legal expenses incurred in a successful appeal to the Tribunal.

The time limit for making a compensation claim is specified in Schedule 2 to the Regulations as whichever is earlier; 13 weeks from the end of the interim or full moratorium period (as appropriate) or from the date when the land ceases to be listed.

Claims must be made in writing, stating the amount of compensation sought and providing supporting evidence.