- inalienable common good
- alienable common good
if deemed to be alienable, then their transfer is considered in the same manner as a local authority asset.
If, however, an asset is designated as inalienable common good, then any transfer is much more challenging as the local authority may not lease or sell the asset without the prior approval of a court. The local authority has to apply to the court for the property to be removed from the Common Good (which may, or may not, happen).
It is very important for a community group to find out who will cover the cost of this as this varies between local authorities. In our experience, some local authorities cover their own costs and the third party ie court costs either completely or in part, other local authorities will charge all costs to the community group.