The Localism Act 2011 conferred the ability for persons to nominate land or buildings to be placed on a list of Assets of Community Value (ACV). If confirmed, being on the ACV list will restrict the ability of an owner to dispose of the property and will also affect the planning position.

Once on the list kept by the local authority:

• It will stay on the list for five years
• If the owner wishes to dispose of the listed asset a moratorium must be observed to allow a competitive bid from a community interest group
• The owner cannot be compelled to sell to such a group and cannot be prevented from going ahead with the intended disposal on the expiry of the moratorium
• The listing may be a material consideration for planning purposes and in the case of nominated and listed pubs will prevent the Permitted Development Rights regime applying
• Compensation is payable for any loss or expense caused by the listing.

If you are part of a local community group wishing to make an application to nominate an ACV then we can guide you through the process.

If you have been given notice of an an application to nominate land or buildings then we can help you check whether:

• The application for listing is valid;
• The land or building is excluded from the listing regime;
• The qualifying criteria have been satisfied;
• The intended disposal qualifies as a part-listed disposal.

Please call us on 01252 617119 to find out how we can assist you.