What is the Right to Bid?
The Right to Bid means that communities can ask us to list certain assets as being of value to the community. If an asset is listed and then comes up for sale, communities have six months to put together a bid to buy the asset. This gives communities
an increased chance to save much-loved shops, pubs or other local facilities.
Parish councils or local community groups can nominate both privately and publicly owned assets which meet the definition of community value.
A building or land in a local authority’s area will be listed as an asset of community value if, in our opinion:
- the current primary use of the building/land, or use of the building/land in the recent past, furthers the social well-being or social interests (cultural, recreational, or sporting interests) of the local community
- it is realistic to think that now or in the next five years there could continue to be primary use of the building/land which will further the social well-being or social interests of the local community (whether or not in the same way as before)
Owners of listed assets cannot dispose of them without:
- letting the local authority know that they intend to sell the asset or grant a lease of more than 25 years
- waiting until the end of a six-week ‘interim moratorium’ period if the local authority does not receive a request from a community interest group to be treated as a potential bidder
- waiting until the end of a six-month ‘full moratorium’ period if the local authority does receive a request from a community interest group to be treated as a potential bidder
The owner does not have to sell the asset to the community group.
There is also a ‘protected period’ (18 months from the time that the owner notified the local authority of their intention to dispose of the asset) – during this time there can be no further moratoriums.
The non-statutory advice note (PDF 210KB),
regulations and explanatory note published
by the Government provide detailed information on:
- The bodies that can make nominations (such as local parish councils)
- Land that is exempt from being listed (such as premises which are primarily residential)
- The steps that the council has to take when considering to list land as an asset of community value and upon listing that land (including notifying relevant parties)
- Arrangements for owners to make appeals on decisions to list or award compensation on any losses incurred as a result of being listed (including internal reviews and external tribunals)
- Exemptions to the six-month moratorium being applied when land is put up for sale or long-term lease.
A decision will be made within eight weeks of the receipt of nomination on whether to list the asset. The asset will then be placed on a list of successful or unsuccessful nominations, which are available below:
List of Assets of Community Value (PDF 241KB)
List of Unsuccessful Community Nominations (PDF 242KB)
No nominations for a property will be considered within two years of a refusal decision notice. Before submitting an application, please check that the property has not previously been nominated unsuccessfully in the last two years (see list above).
Who to contact
A Nomination form (PDF 248KB) to list an asset as being of community value is available, which should be completed and emailed to the Group Manager (Commercial Assets and Property Development) at firstname.lastname@example.org.
Support available and other considerations
- Support on the use of this right is available from the Locality - my community rights website.
- Where the owner of a listed asset, such as a pub, applies for ‘change of use’ then the fact the asset is listed as an asset of community value may be a material consideration in making a decision on whether to grant change of use.
- In addition, Neighbourhood Plans can formally allocate assets for community use, if there is good evidence to support the case (including for sites which may not meet the definition of an asset of community value). This would give it additional weight
in decision making and could inform, and be informed by, the lists of nominated assets.
Policies within both the Dacorum Borough Local Plan 1991-2011 and the Emerging Core Strategy seek to promote the retention and development of local services and community facilities. This includes uses such as local shops, meeting places, sports
venues, cultural buildings, public houses and places of worship. We will take into account the importance of these facilities to the local community when considering planning applications.