To ask the Scottish Executive whether it is concerned that no more than five communities have acquired land since the community right to buy provisions of the Land Reform (Scotland) Act 2003 came into force.
Forty-five community bodies have successfully registered an interest in buying land since the Land Reform (Scotland) Act 2003 was implemented on 14 June 2004. The number of community bodies registering in each calendar year is five in 2004; eight in 2005; nine in 2006; 10 in 2007; 14 in 2008; and two in 2009. Within the above figures, one body registered separate interests in 2004, 2006 and 2008. A second body similarly registered separate interests in 2005 and 2007. Two community bodies are currently in the process of registering their interest and their applications are being considered by ministers.
These 45 community bodies have made some 74 registrations in the Register of Community Interests in Land. Some community bodies have more than one registration (a registration is made in respect of land owned by one landowner).
As the community right to buy requires a willing seller (it does not involve a compulsory purchase of registered land), there is no certainty that a landowner will want to sell the land during the period when a community body has registered its interest. The purpose of these provisions in the act is to provide communities with the opportunity of a pre-emptive right to buy the land in which it has a registered interest should the right to buy be triggered. Community right to buy was never intended as the only way that communities achieve ownership of land.
The right to buy has been triggered in respect of 22 parcels of land relating to registrations held by 15 communities. While five registered communities have acquired their desired land using the full provisions of the act, an additional two have negotiated a successful purchase after having their interest registered. Beyond that, eight further community bodies had the opportunity to acquire registered land when it was offered for sale (i.e. triggering the right to buy) but failed to purchase. One community body has also successfully purchased, by negotiation, two pieces of land following approval of their application for registration under the act.
Experience of the practical operation of the community right to buy provisions led to revised guidance being published on 15 June 2009, which provides more hands-on advice on the required processes and procedures for community bodies, landowners, heritable creditors and third parties who may be affected by the provisions. A revised application form with provisions for re-registration, also came into force on that date.
The Land Reform (Scotland) Act 2003 has only been in effect for a relatively short period of time and we are continuing to monitor the community right to buy provisions. If there is evidence that the provisions are not working as Parliament intended then a review of the act will be considered.