SCHEDULE 1Land which is not of community value (and therefore may not be listed)
1.
(1)
Subject to sub-paragraph (5) and paragraph 2, a residence together with land connected with that residence.
(2)
In this paragraph, subject to sub-paragraphs (3) and (4), land is connected with a residence if—
(a)
the land, and the residence, are owned by a single owner; and
(b)
every part of the land can be reached from the residence without having to cross land which is not owned by that single owner.
(3)
Sub-paragraph (2)(b) is satisfied where a part of the land cannot be reached from the residence by reason only of intervening land in other ownership on which there is a road, railway, river or canal, provided that the additional requirement in sub-paragraph (4) is met.
(4)
The additional requirement referred to in sub-paragraph (3) is that it is reasonable to think that sub-paragraph (2)(b) would be satisfied if the intervening land were to be removed leaving no gap.
(5)
Land which falls within sub-paragraph (1) may be listed if—
(a)
the residence is a building that is only partly used as a residence; and
(b)
but for that residential use of the building, the land would be eligible for listing.
2.
For the purposes of paragraph 1 and this paragraph—
(a)
“residence” means a building used or partly used as a residence;
(b)
a building is a residence if—
(i)
it is normally used or partly used as a residence, but for any reason so much of it as is normally used as a residence is temporarily unoccupied;
(ii)
it is let or partly let for use as a holiday dwelling;
(iii)
it, or part of it, is a hotel or is otherwise principally used for letting or licensing accommodation to paying occupants; or
(iv)
(c)
a building or other land is not a residence if—
(i)
it is land on which currently there are no residences but for which planning permission or development consent has been granted for the construction of residences;
(ii)
it is a building undergoing construction where there is planning permission or development consent for the completed building to be used as a residence, but construction is not yet complete; or
(iii)
it was previously used as a residence but is in future to be used for a different purpose and planning permission or development consent for a change of use to that purpose has been granted.
3.
4.
SCHEDULE 2Procedure for listing review and compensation review
Time for requesting a listing review
1.
(1)
Except as specified in sub-paragraph (2), a request for a listing review must be made in writing before the end of a period of eight weeks beginning with the day on which written notice of inclusion of the land in the list was given by the responsible authority under section 91(2) of the Act, or such longer period as the authority may in writing allow.
(2)
Where the authority takes reasonable alternative steps to bring the notice to the attention of the owner in accordance with section 91(2), a request for a listing review must be made before the end of a period of eight weeks beginning with the day on which the authority completes the taking of those steps.
Time for requesting a compensation review
2.
A request for a compensation review must be made in writing before the end of a period of eight weeks beginning with the date on which the responsible authority provides the owner with written notification of its reasons in accordance with regulation 14(6), or such longer period as the authority may in writing allow.
Procedure for reviews
3.
In the following provisions of this Schedule, “the review” means a listing review or a compensation review.
4.
An officer of the authority of appropriate seniority who did not take any part in making the decision to be reviewed (“the reviewer”) shall carry out the review and make the review decision.
5.
(1)
The owner may appoint any representative (whether legally qualified or not) to act on his or her behalf in connection with the review.
(2)
The local authority must provide to the representative any document which is required to be sent to the owner, and need not provide that document separately to the owner.
6.
As soon as is practicable following the written request for the review, the authority shall notify the owner of the procedure to be followed in connection with the review.
7.
(1)
An oral hearing must be held at the owner’s written request.
(2)
Where no written request for an oral hearing is made by the owner, the authority may decide whether or not to include an oral hearing in the review process.
8.
Both the owner and the owner’s representative may make representations to the reviewer orally or in writing or both orally and in writing.
9.
The authority must complete the review by the end of the period of eight weeks beginning with the date the authority receives the written request for the review, or such longer period as is agreed with the owner in writing.
SCHEDULE 3Relevant disposals to which section 95(1) of the Act does not apply
1.
A disposal pursuant to an order made by a court or by a tribunal established by or under an Act.
2.
(1)
A disposal made pursuant to a separation agreement made between spouses or civil partners.
(2)
A disposal made pursuant to an agreement—
(a)
made between spouses or civil partners in connection with their separation, or between former spouses or former civil partners, and
(b)
relating to the care of a child dependent on a party to the agreement.
3.
(1)
Any disposal made under, or for the purposes of, any statutory provision relating to incapacity.
(2)
In this paragraph—
(a)
“incapacity” includes any of the following (whether temporary or permanent)—
(i)
physical impairment,
(ii)
mental impairment, and
(iii)
lack of, or impairment to, capacity to deal with financial and property matters; and
(b)
“statutory provision” means any provision contained in an Act or in an instrument made under an Act.
4.
(1)
Subject to sub-paragraph (2), a disposal—
(a)
to a particular person in pursuance of a requirement that it should be made to that person under a planning obligation entered into in accordance with section 106 of the Town and Country Planning Act 1990; or
(b)
made in pursuance of the exercise of a legally enforceable—
(i)
option to buy,
(ii)
nomination right,
(iii)
right of pre-emption, or
(iv)
right of first refusal.
(2)
A disposal is not within sub-paragraph (1)(a) if it is of land that was listed when the obligation was entered into; and a disposal is not within sub-paragraph (1)(b) if it is of land that was listed when the option or right was granted.
5.
(1)
A disposal by a transferor, “T”, to a former owner, where both the conditions in paragraph (2) are satisfied.
(2)
The conditions referred to in paragraph (1) are that—
(a)
the land was acquired by T or by a predecessor in title of T by a purchase that was a statutory compulsory purchase (“the original purchase”); and
(b)
T has made a first offer of the land to the former owner, in accordance with an obligation to offer back the land to the former owner before disposing of the land on the open market.
(3)
In this paragraph—
(a)
“former owner” means—
(i)
the person, “P”, from whom the land was acquired under the original purchase; or
(ii)
a successor to P; and
(b)
“successor” means the person on whom the land, had it not been acquired by T or a predecessor of T, would clearly have devolved under P’s will or intestacy, and includes a person who has succeeded, otherwise than by purchase, to adjoining land from which the land was severed by the original purchase.
6.
(1)
Disposal in exercise of a power of sale of the land by a person who has that power by way of security for a debt.
(2)
F17.
A disposal pursuant to insolvency proceedings defined as proceedings under the Insolvency Act 1986 or the Insolvency (England and Wales) Rules 2016.
8.
A disposal of land to a person whose acquisition of the land is a statutory compulsory purchase.
9.
10.
(1)
A disposal by one body corporate to another, where the second one is a group undertaking in relation to the first.
(2)
11.
(1)
A part-listed disposal as specified in section 95(5)(e) of the Act where, subject to sub-paragraphs (2) and (3), the following conditions are satisfied with regard to the land which is being disposed of—
(a)
the land is owned by a single owner; and
(b)
every part of the land can be reached from every other part without having to cross land which is not owned by that single owner.
(2)
Sub-paragraph (1)(b) is satisfied where a part of the land cannot be reached from every other part of the land by reason only of intervening land in other ownership on which there is a road, railway, river or canal, provided that the additional requirement in sub-paragraph (3) is met.
(3)
The additional requirement referred to in sub-paragraph (2) is that it would be reasonable to think that sub-paragraph (1)(b) would be satisfied if the intervening land were to be removed leaving no gap.
12.
13.
(1)
A disposal by any person for the purpose of enabling health service provision to continue to be provided on the land.
(2)
14.
(1)
A disposal of land to be held for the purposes of—
(a)
(b)
(c)
(2)
For the purposes of sub-paragraph (1)(a), “school” does not include an independent school other than one in respect of which Academy arrangements have been entered into by the Secretary of State under section 1 of the Academies Act 2010.
(3)
15.
A disposal which is subject to a statutory requirement regarding the making of the disposal, where that requirement could not be observed if the requirements of section 95(1) of the Act were complied with.
SCHEDULE 4Amendments to Land Registration Rules
1.
2.
“First registration – where land is or was listed as land of community value27A.
(1)
An owner of listed land who applies for first registration of that land, or where rule 21 applies a mortgagee who makes such an application in the name of the owner, must at the same time apply for entry of a restriction in Form QQ in respect of that land.
(2)
Where a person applies for first registration of land and any of the deeds and documents accompanying the application (in accordance with rule 24(1)(c)) includes a conveyance or lease to the applicant or to a predecessor in title made at any time when the land was listed land, the applicant must in respect of each such conveyance or lease provide a certificate by a conveyancer that the conveyance or lease did not contravene section 95(1) of the Localism Act 2011.
(3)
In this rule—
(a)
“listed land” means land entered in a local authority’s list of assets of community value maintained under section 87(1) of the Localism Act 2011, and
(b)
“owner” has the same meaning as in section 107 of the Localism Act 2011, except that it includes a person who would be such an owner but for the effect of section 7(1) and (2) of the Act.”.
3.
(a)
in paragraph (w), omit the final “and”, and
(b)
“(y)
a local authority where it has entered land, the title to which is registered, in its list of assets of community value which it maintains in accordance with section 87(1) of the Localism Act 2011, and is applying for a restriction in form QQ to be entered in the register for that land, and
(z)
a mortgagee under a mortgage falling within section 4(1)(g) of the Act who makes an application for first registration under rule 21, where the estate charged relates to land entered in a local authority’s list of assets of community value maintained under section 87(1) of the Localism Act 2011, and is applying for a restriction in Form QQ to be entered in the register of that estate.”.
4.
“(11)
Where a local authority has entered land in its list of assets of community value which it maintains in accordance with section 87(1) of the Localism Act 2011, an application for a restriction in Form QQ must be made—
(a)
if that land includes a registered estate the proprietor of which is an owner as defined in section 107 of that Act, as soon as practicable by the local authority in respect of that registered estate unless there is an existing restriction in Form QQ in respect of that estate, or
(b)
if the title to the land is unregistered, where required by rule 27A(1).”.
5.
6.
“Form QQ (Land included in a list of assets of community value maintained under section 87(1) of the Localism Act 2011)
No transfer or lease is to be registered without a certificate signed by a conveyancer that the transfer or lease did not contravene section 95(1) of the Localism Act 2011.”