PART 5Community empowerment

F1Chapter 2AAssets of community value (England)

Community groups: right to buy

86MNotice of proposed sale: community right to buy

(1)

The owner of land of community value must give the relevant local authority written notice of the owner’s wish to enter into a relevant disposal of the land.

(2)

A notice under subsection (1) must identify the estate or estates in land which is or are to be disposed of or granted or assigned by the relevant disposal (“the relevant estate in land”).

(3)

Where a notice is given under subsection (1), the owner must not enter into a relevant disposal of the land unless the disposal—

(a)

is of the relevant estate in land, and

(b)

is to the preferred community buyer.

(4)

Subsection (3) does not apply or ceases to apply if—

(a)

there is no preferred community buyer (see section 86N(2)),

(b)

the relevant local authority has determined that the preferred community buyer does not meet the progress requirements after any of the review periods (see section 86U), or

(c)

the preferred community buyer—

(i)

does not offer to buy the relevant estate in land at the price agreed with the owner by the end of the negotiation period (see section 86S(4)), and

(ii)

does not offer to buy the relevant estate in land at the value price by the end of the offer period (see section 86T(8)).

(5)

Where a case falls within any of subsections (4)(a) to (c)—

(a)

the owner may enter into a relevant disposal of the land to any person within the permitted sale period;

(b)

if no such disposal is entered into within that period, a new notice must be given in accordance with subsection (1) if the landlord wishes to enter into a relevant disposal of the land after that period.

(6)

In this section, “permitted sale period” in relation to a relevant disposal of land, means the period of 18 months beginning with the date on which the notice of a wish to enter into a relevant disposal was given under subsection (1).