Part Eight - Common Good

Common Good can apply to both common good assets such as land and buildings and common good funds, and these are generally usually held and managed for communities by local authorities. 
There is provision in the Community Empowerment Act Part 8, that places a statutory duty on local authorities to establish and maintain a register of all property held by them for the common good. It also requires local authorities to publish their proposals and consult community bodies before disposing of or changing the use of common good assets.
Common good assets may be subject to Asset Transfer Requests from eligible community groups via local authorities under Part 5:  Asset Transfer. Common Good assets will be classed as:
  • 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. 




Related Resources

Common Good - A Quick Guide

Properly accounted for and properly managed, Scotland’s Common Good can be used to revitalise communities.

Read this Quick Guide and join the campaign to identify, document and restore your common heritage.

PDF icon Common Good - A Quick Guide