If an owner wants to sell an asset of community value
If you want to sell an asset of community value, you must first notify the council by emailing us using the contact details on this page or by writing to:
Head of Legal, Surrey Heath Borough Council, Surrey Heath House, Knoll Road, Camberley, Surrey, GU15 3HD
When you notify us of your intention to sell, this will start an initial six-week moratorium period when the sale is suspended. At this stage, we will tell the local community groups that are aware of and local ward councillors about the pending sale. The six-week period allows community interest groups to make a written request to be treated as a potential bidder. If no groups want to bid for the property, you can sell it at the end of the six weeks. Only groups that fit the statutory definition can use the right to bid.
If you are an owner of a listed asset, we would advise you to take legal advice before selling an asset to make sure that you comply with the legislation.
If a community group asks to be treated as a potential bidder
If, during the first six weeks, a community group asks to be treated as a potential bidder, the full six-month moratorium period begins. The start date for this period will be when the owners told us of their intention to sell. During this time, the owners can market the property or negotiate a sale but may not exchange contracts (or enter into a binding contract to do so later). The only exception is that the owners may sell to a community group during the six-month period. The owners are free to sell to whomever they want at whatever price at the end of the six weeks if there has been no community interest, or after the six-month period if there has been community interest. Once the six-week or six-month periods are over, there can be no further moratorium periods for 18 months, starting from the point that the owners told us of their intention to sell.
We do not have to be notified of all proposed sales or transactions, for example gifts or disposals in accordance with a will. These are set out in the community right to bid legislation (external link).
What you must do as an owner of a registered asset of community value
If you are the owner of a registered asset of community value you must:
- Make every reasonable effort to establish if your property is a registered asset before you sell (you are advised to have this confirmed in writing)
- Tell us of your intention to sell the property
- Not sell the asset until the end of the six-week period, or if there is community group interest in making a bid, within the six-month period (unless to a community group)
- Tell us that the land has been put onto the land register as a result of an application for first registration
- Tell us if you have become the new owner of listed land (giving your name and address)
- Comply with the legislation. If you do not, any sales will be void or ineffective, meaning that the change of ownership has not taken place
- Seek our advice before you start a sale or property transaction
Private owners may claim compensation for loss and expense incurred because their asset is listed or has been previously listed. Most claims will arise from the moratorium period being applied. They may also relate to loss or expense from the land being listed. If you are an owner, you must make a claim to us in writing within 13 weeks from:
- The end of the six-week or six-month moratorium period (as appropriate); or
- The date when the land ceased to be listed (when claiming expenses relating a successful appeal at a tribunal)
We will consider compensation claims.
Reviewing a compensation claim
You can also ask us to review a claim decision and senior officers from the council will carry out this review. You can also appeal against the outcome of our review. You should make this appeal to the General Regulatory Chamber of the First-Tier Tribunal.