Submit a community asset transfer request
You need to complete a full application to start the formal community asset transfer process.
We suggest that you submit an expression of interest before making a formal request. This would allow us to help you develop a strong application and iron out any issues before putting substantial effort in to a full transfer request.
It would be worthwhile talking to our asset transfer lead about your ideas. We'll explain more about the process and give you advice on submitting an application.
- Email email@example.com
- Call 01387 260247
Who can apply
Only a Community Transfer Body can make an asset transfer request. This is either a community controlled body or a body designated by the Scottish Ministers.
A Community Transfer Body must:
- say what community it speaks for
- allow all people who are part of their community to be members
- have a membership of at least 20
- have a membership mostly made up of people from their community
- use any money it makes for the benefit of their community
Advice for an organisation to qualify as a Community Transfer Body:
- A common fault arises with the Memo and Articles (or constitution) which allows the Directors absolute discretion to refuse an application for membership. This in effect nullifies the clause that states membership is open to all members of the community. Whilst the Directors can refuse an application for membership the exercise of discretion cannot be unqualified and must be exercised reasonably. Pragmatically, organisations can simply state (in the constitution/Articles) that they will not exercise their discretion in an unreasonable manner (or words to that effect).
- The requirement for 20 members as a minimum must be explicitly stated for the organisation to qualify as a CTB.
Complete an application
Our asset transfer process is designed to make sure your organisation has fully consulted with the local community and is in a strong position to acquire an asset.
You must have a clear vision that's supported by the community and shows how the asset would benefit local people. It's also important that you have a sustainable, practical business plan with identified funding.
The level of detail we need depends on the scale and type of project. We've developed a form to help ensure all of the necessary information is submitted:
You'll need to provide:
- a copy of your business plan
- information about your organisation
- an explanation of your community's needs
- information on what you want to use asset for
- details of the benefits of asset transfer for your community
- financial information
Help and support
We have ward officers in your local area who can offer you support and guidance throughout the process.
The Scottish Government have published guidance on community asset transfers , including an easy read summary, and a range of local and national organisations can also help:
- Community Ownership Support Service
- Third Sector Dumfries and Galloway
- Development Trusts Association Scotland
- Scottish Council of Voluntary Organisations
Third Sector Dumfries & Galloway provide support on governance and funding, and Community Transfer Bodies are advised to approach them early for funding advice. Groups should not assume that properties and land will automatically be transferred for a nominal sum, and should consider the level of financial contribution they could make towards a proposed asset transfer.
What happens next
We'll acknowledge your application when all of the relevant information has been provided and we've confirmed you qualify as a Community Transfer Body.
We're required to notify others who may be interested and provide enough time for those parties to make representations if necessary. We will:
- publish a redacted version of the application for public inspection
- notify any tenant, group or occupier of the land or building
- ask you to put up a public notice about the request
You'll get at least 20 working days to comment on any representations received.
We'll assess the application before presenting a report to Finance, Procurement, and Transformation Committee for a final decision. The report will contain a summary of the application, our assessment and recommendations as well as the view of local councillors. Councillors will consider a range of factors:
- the reasons for the request
- supporting information
- whether agreeing the request would be likely to promote or improve economic development, regeneration, public health, social wellbeing or environmental wellbeing
- whether agreeing the request would be likely to reduce inequalities
- any other benefits
- the benefits of any alternative proposal(s)
- other matters that are considered appropriate
We have 6 months to issue a decision notice from the date we officially acknowledge your application. We will not sell, lease or dispose of the land to anyone else until the process is finished.
Community asset transfers