Localism Act 2011 (c. 20)

PART 5 E+W Community empowerment

CHAPTER 3 E+W Assets of community value

Modifications etc. (not altering text)

C1 Pt. 5 Ch. 3: power to amend conferred (26.12.2023) by Levelling-up and Regeneration Act 2023 (c. 55), ss. 132, 255(3)(a) (with s. 247)

List of assets of community value E+W

88 Land of community value E+W

(1) For the purposes of this Chapter but subject to regulations under subsection (3), a building or other land in a local authority's area is land of community value if in the opinion of the authority—

(a) an actual current use of the building or other land that is not an ancillary use furthers the social wellbeing or social interests of the local community, and

(b) it is realistic to think that there can continue to be non-ancillary use of the building or other land which will further (whether or not in the same way) the social wellbeing or social interests of the local community.

(2) For the purposes of this Chapter but subject to regulations under subsection (3), a building or other land in a local authority's area that is not land of community value as a result of subsection (1) is land of community value if in the opinion of the local authority—

(a) there is a time in the recent past when an actual use of the building or other land that was not an ancillary use furthered the social wellbeing or interests of the local community, and

(b) it is realistic to think that there is a time in the next five years when there could be non-ancillary use of the building or other land that would further (whether or not in the same way as before) the social wellbeing or social interests of the local community.

(3) The appropriate authority may by regulations—

(a) provide that a building or other land is not land of community value if the building or other land is specified in the regulations or is of a description specified in the regulations;

(b) provide that a building or other land in a local authority's area is not land of community value if the local authority or some other person specified in the regulations considers that the building or other land is of a description specified in the regulations.

(4) A description specified under subsection (3) may be framed by reference to such matters as the appropriate authority considers appropriate.

(5) In relation to any land, those matters include (in particular)—

(a) the owner of any estate or interest in any of the land or in other land;

(b) any occupier of any of the land or of other land;

(c) the nature of any estate or interest in any of the land or in other land;

(d) any use to which any of the land or other land has been, is being or could be put;

(e) statutory provisions, or things done under statutory provisions, that have effect (or do not have effect) in relation to—

(i) any of the land or other land, or

(ii) any of the matters within paragraphs (a) to (d);

(f) any price, or value for any purpose, of any of the land or other land.

(6) In this section—

• “legislation” means—

  (a)

  an Act, or

  (b)

  a Measure or Act of the National Assembly for Wales;

• “social interests” includes (in particular) each of the following—

  (a)

  cultural interests;

  (b)

  recreational interests;

  (c)

  sporting interests;

• “statutory provision” means a provision of—

  (a)

  legislation, or

  (b)

  an instrument made under legislation.

Commencement Information

I1 S. 88 in force for specified purposes at Royal Assent see s. 240(5)(f)

I2 S. 88(1)-(5) in force at 21.9.2012 for E. by S.I. 2012/2420, art. 2

I3 S. 88(6) in force at 21.9.2012 for specified purposes for E. by S.I. 2012/2420, art. 2