I am a property owner, am I entitled to any compensation?
As the property owner you may be entitled to claim compensation for loss or expenses incurred as a direct result of complying with the Act.
Your claim must be made in writing, along with supporting evidence, to email address email@example.com or postal address Community Right to Bid, Legal, East Staffordshire Borough Council, The Town Hall, King Edward Place Burton upon Trent, DE14 2EB.
Claims must be made within 13 weeks after the loss or expense has been incurred. East Staffordshire Borough Council reserve the right to value the property to compare valuations.
If you require further information please contact us on 01283 508844.
Sales outside of the Act
There are some circumstances where the property owner does not need to comply with the Act, these are:
- Disposing the property in the form of a gift. Disposal of a property containing a business which uses the property and it is a going concern.
- Disposal within a family or a partnership or between trustees or a trust or between companies in a group.
- Disposal in the execution of a will or arising from various legal proceedings. Disposal of a property that is part of a larger estate, part of which is not listed, but where the whole estate is owned by the same person and is a single lot of land.
What is the definition of an asset of community value?
The definition is:
- A building or land is deemed to be of community value if, in the opinion of the council:
- A current main use of the building or land furthers the social interests or social wellbeing of the local community, and it is realistic to think that there can continue to be a main use of the building or land which will further the social interests or social wellbeing of the local community, although not necessarily in the same way, or;
- A main use of the building or land in the recent past furthered the social interests or social wellbeing of the local community and it is realistic to think that within five years the building or land can brought back into use that furthers the social interest or wellbeing of the local community, whether or not in the same way as before.
What is the protected period?
If the land owner does not dispose of the freehold or grant a lease of 25 years or more within 18 months of the date we were informed of their intention to dispose, and the asset is still listed, then the process must start again.
As such the land owner may not dispose of the property without first informing us of their intention to dispose and the protected periods of time will apply again.