Content of an Asset Transfer Request

This section describes the information that is legally required to be specified in an asset transfer request and the process that is used by relevant authorities. 
 

Most relevant authorities have policies and procedures in place which are based on the information given in the CEA. 

model form for an asset transfer request is provided on the Scottish Government website. This is intended to help community transfer bodies to make sure they provide all the information needed for a valid request, but it is not statutory. The only requirement is that they provide all the information specified in the Act and Regulations.

Although you can submit this information in any form that you wish, it is advisable to follow the template laid out by the relevant authority, as this will save time and ensure you give all the information that is required. 

Most relevant authorities have a two-stage procedure:

  • Stage 1 or Expression of Interest
  • Stage 2 or full CAT application

Be Aware!

The Stage 1 process usually found in relevant authorities' policy and procedures is an INFORMAL process for gathering information and building relationships for both parties.

The legal process of community asset transfer does not start until a full application has been submitted (usually called a stage 2 application), accepted as complete AND an acknowledgement sent with a Validation Date set for a decision to be made (usually within 6 months). 

Filling in a Stage 2 -  Full Asset Transfer Request

For points (k) to (o) below, covering information on areas such as the benefits of the request and how it is to be funded, only outline information is required for an asset transfer request to be accepted by a relevant authority as complete and valid.

However, the relevant authority would usually need to seek further detail during the process, and the community transfer body would have to provide enough additional information and detail to enable the relevant authority to make a decision on the application.

The relevant authority may decide to refuse the request if it does not feel it has sufficient information on the proposals. The level of detail required should be proportionate to the scale and nature of the request, but the community transfer body should always be given the opportunity to provide any missing information which is considered to be key to the decision.

The information provided in this section is the minimum legally required to have your asset transfer request 'validated'. For it to stand a good chance of being succesful, you will need to provide considerably more informaion to the relevant authority. Please refer to the Writing Your Asset Transfer Request section of this site for help with this. 

An asset transfer request must be made in writing and must:

A

state that it is an asset transfer request made under Part 5 of the Community Empowerment (Scotland) Act 2015

B

contain the name and contact address of the community transfer body

C

be accompanied by a copy of the community transfer body’s constitution

D

explain, if the request is made by a body which is not a community controlled body, the basis on which the body is a community transfer body.

E

specify the land to which the request relates

F

specify whether the request falls within paragraph (a), (b)(i) or (b)(ii) of section 79(2), i.e. whether it is a request for ownership, lease or other rights in the land

G

specify, if the request is for ownership, the price that the community transfer body would be prepared to pay for the transfer to ownership of the land

H

specify if the request is for lease:

the amount of rent that the community transfer body would be prepared to pay, the duration of the lease,

any other terms and conditions that the community transfer body considers should be included in any lease

I

specify if the request is for other rights, the nature and extent of the rights sought

J

specify any other terms or conditions applicable to the request

K

specify the reasons for making the request

L

describe how the community transfer body proposes that the land is to be used

M

specify the benefits which the community transfer body considers will arise if the authority were to agree to the request

N

outline how it is proposed that:

the transfer of ownership of the land, the lease of the land or the conferral of other rights in respect of the land on the community transfer body (as the case may be)

the proposed use of the land is to be funded

O

describe the level and nature of support for the request from the community to which the community transfer body relates

 

 

 

Related Resources

Asset Transfer Guidance for Community Transfer Bodies

This guidance has been developed for both relevant authorities and community bodies.  Relevant authorities are required to have regard to guidance issued by the Scottish Ministers in carrying out their functions in relation to asset transfer.

There is more guidance for community transfer bodies on completing the request form, and more for relevant authorities on the acknowledgement and notices they have to issue following receipt of a request.

PDF icon Asset Transfer CTB Guidance Notes.pdf