Community Asset Transfer Request Form under Scotland's 2015 Act

Understanding the Community Empowerment (Scotland) Act 2015 Asset Transfer Request Form

The Community Empowerment (Scotland) Act 2015 introduces a formal process that allows community groups and organisations to request the transfer of land or buildings owned or leased by relevant authorities. This official Asset Transfer Request Form is a key document within this framework, designed to streamline and formalise such requests, ensuring all necessary information is provided for consideration.

Purpose and Scope of the Asset Transfer Request Form

This form serves as a standard template for community bodies seeking to acquire assets—such as land or buildings—under Part 5 of the Act. While authorities may have their own specific forms, using this standard version helps ensure all relevant details are captured, facilitating a clearer and more efficient assessment process.

It is important to note that completing this form is not mandatory; however, doing so significantly improves the likelihood of a comprehensive review by the relevant authority. The form guides applicants through essential information, including details about the community organisation and the specific land or property they wish to transfer.

When and How to Use the Form

Applicants should submit this request to the authority that owns or leases the asset. Prior to submission, it is strongly advised to consult the asset transfer guidance provided by the Scottish Government and to discuss proposals with the relevant authority. Such discussions can clarify eligibility, scope, and the likelihood of success, helping applicants prepare a well-founded request.

The completed form must be sent to the owning or leasing authority, which will then process the request in accordance with statutory procedures. The form can be submitted by post or email, depending on the preferences of the authority and the contact details provided.

Key Sections of the Asset Transfer Request Form

Section 1: Details of the Community Transfer Body (CTB)

• Name and Address: The organisation’s official name and registered address are required. For example, a community trust or charitable organisation.
• Contact Details: Contact name, postal address, email, and telephone number should be provided for correspondence.
• Organisation Type and Number: The form asks for the legal classification—such as a company, charitable organisation, or community benefit society—and its registration number if applicable.
• Designation Status: Applicants must confirm whether their organisation has been designated as a community transfer body by the Scottish Ministers.

Section 2: Details of the Land or Asset

• Land Identification: The form requires a precise description of the land or building, including address, grid reference, or official land register details.
• Boundary Description: For partial requests, a clear description or map outlining the specific area or part of the building sought is necessary.
• Request Specifics: Applicants specify the exact parcel of land or property they wish to acquire, ensuring clarity for the authority’s assessment.

Additional Considerations and Advice

Before submitting a request, applicants are encouraged to:

• Review the guidance provided by the Scottish Government to understand the criteria and process.
• Engage in discussions with the relevant authority to clarify the scope, feasibility, and any potential issues.
• Prepare supporting documentation such as the organisation’s constitution, articles of association, or rules, which may be required to accompany the request.

Submitting the Asset Transfer Request

Once completed, the form should be sent to the relevant authority, which will then review the application in accordance with the statutory process. The authority may request additional information or clarification during the assessment phase.

By following the structured approach provided by this form and engaging proactively with authorities, community organisations can effectively pursue asset transfers to support local development and community-led initiatives.