Aberdeen City Council owns a significant amount property held as part of the Common Good. This property was gifted to the former burgh of the City of Aberdeen or purchased with Common Good funds held by Aberdeen City Council.
The Common Good Fund belongs to the Council but is administered separately from other Council funds for accounting purposes. Any property held as part of the Common Good is legally owned by Aberdeen City Council. However, the Council must meet its statutory obligations in regards to the management of the Common Good and must “have regards to the interests of the inhabitants of the area to which the common good formerly relates.” This requirement also applies to the disposal of any common good assets.
There are certain legal processes that need to be followed when considering the disposal of Common Good property whether it be through the change of use, selling or leasing it on the open market or via community asset transfer.
The Local Government (Scotland) Act 1973 Section 75 relates to how a local Authority can take forward a disposal of common good land. This legislation requires the Council to apply to the Court of Session or the Sheriff to authorise them to dispose of this land. The Court or the sheriff may authorise the disposal of the land subject to any conditions that they may impose upon the disposal.
The Community Empowerment (Scotland) Act 2015 Part 8 also requires a Local authority to carry out a consultation process to inform its citizens and interested parties about the proposed disposal and make representations relating to the proposal.
Statutory consultations
Proposed disposal of Wallace Tower
Proposed disposal of land at Footdee