Community Asset Transfer

Under the Community Empowerment (Scotland) Act 2015, community groups can request to take over publicly-owned land or buildings if they feel they can make better use of them for the local community.

The Act gives community bodies the right to make an Asset Transfer Request for ownership, lease, management or use of a publicly owned building or land, regardless of whether they are occupied by the Council or considered surplus to requirements. 

An eligible community body can be either a geographic group representing the community within a particular area, or a community of interest where the members are brought together by a common bond or shared interest.  

To be eligible to make an asset transfer request your community group must have a constitution that includes the provisions noted in the legislative requirements, and must be community controlled.

To be a community controlled body, the majority of the members who are part of the community body (group) must hold voting rights to select their Committee members or Trustees that are elected to the Board and have control of the body i.e. are in charge of decision-making on behalf of the Community Body.

The key requirement under the legislation is that a Community group must be a community-controlled body. 

All community bodies making an asset transfer request must have a written constitution incorporating the following provisions:

• A definition of the Community to which the body relates,
• Provision that the membership is open to anyone,
• Provision that the majority of the Body’s members is to consist of members of that community, 
• Include a statement of the body’s aims and purposes; including a promotion of a benefit for their community, 
• Provision that any surplus funds or assets of the body be applied for the benefit of their community. 

In addition, if the request is for the transfer of ownership of a property the Community Body must also:

• Be incorporated as a company or a Scottish Charitable Incorporated Organisation (SCIO) or a Community Benefit Company,
• Include a provision within their constitution that they will have a minimum of 20 members,
• Include a provision within their constitution for the transfer of assets on winding up.

The Community Body will be required to demonstrate that they have a clear and viable Business plan, which shows understanding of the work involved in setting up their proposal activity or service, the funding required and the business acumen to ensure the proposed use of the property is sustainable in the longer term. 

For a Community Asset Transfer application to be successful the community body will need to clearly evidence their experience, and the benefits they propose to provide for their community. Applications for a community asset transfer will not be deemed complete or valid unless the required information noted above is included in the application, along with a realistic business case. 

All requests must set out the level and nature of support for it within the community to which the community transfer body relates, i.e. the community as defined in the community transfer body's constitution. 

The Legislation only refers to the support from the constituted community body making the request, but details of any other support received i.e. from within the community living close to the property should also be provided. 

The level and nature of support envisioned will depend on the particular circumstances, but could include evidence from a range of activities undertaken to engage with the 
wider community, such as public meetings, community surveys and presentations to other community groups within the locality.

If a community body is requesting the transfer of ownership of a Council owned asset at less than market value then it must clearly show an appropriate level of social value will be provided by their proposal. 

The Council has a responsibility to assess requests transparently against a specified list of criteria, and to agree the request unless there are reasonable grounds for refusal. 

Assets available for Community Asset Transfer

 As noted in the guidance document we encourage groups to submit an initial transfer request expression of interest in order to understand your interest, and if required direct you to appropriate support and provide you with any relevant information that you may need to in order to submit a valid, formal asset transfer application. Once you have completed the Asset Transfer Request application it should be submitted by email to the community asset transfer email address noted in the contact details below. 

Download the expression of interest form: 

Download the asset transfer application form: 

You can get in contact below: 

Estates Team
Corporate Landlord
Resources
Aberdeen City Council
Business Hub 10
Second Floor South
Marischal College 
Broad Street
Aberdeen
AB10 1AB

Telephone number: 01224 523064
Email address: cat@aberdeencity.gov.uk

Tillydrone Community Centre 

Tillydrone Library and Family Centre 

Wallace Tower

Torry Youth and Leisure Centre