Support and Advice

Community Buildings and Land assets are regulated like normal sale of assets through the law and local councils. Make sure you are aware of all the legal implications of community land and building asset holding before you embark on your project.

For the legal definition of a ‘Community Land Trust' please click the link below.

http://www.communitylandtrust.org.uk/index.php?option=com_content&task=blogcategory&id=1&Itemid=36

The legal structures listed below may be helpful, however it is always advisable to seek professional legal advice.

The Local Government (Miscellaneous Provisions) Act 1976

gives local authorities the power to lease premises at less than market rent for recreational purposes for any period. They may also grant aid or provide in-kind support to organisations managing the premises. Leases of up to seven years may be granted for non recreational purposes under the Local Government Act 1972

Planning Act 1990, Section 106

Section 106 of the Act allows parties with an interest in land to enter into obligations with the Local Authority. Such obligations may be used to redress any imbalances or undesirable elements caused by development and to require the developer to carry out measures to warrant the granting of planning permission for the proposed application. Obligations should be necessary, relevant, related, fair and reasonable to planning and the proposed application. Section 106's have been used in asset transfer procedures, including delivering community services and assisting in securing funding.

Local Government Act 1999

Part 1 of this Act deals with Best Value, and the duties Local Authorities are required to undertake; including best value reviews, and best value performance plans. A best value Authority must make arrangements to secure continuous improvement in the way it exercises its functions, having regard to, “a combination of economy, efficiency and effectiveness”. When deciding how to fulfil this legal obligation, the Authority must consult, amongst others, “representatives of persons who use or are likely to use services provided by the authority”, as well as, “representatives of persons appearing to the authority to have an interest in any area within which the authority carries out functions”.

Local Government Act 2000

The Act gives local authorities new powers to promote or improve the economic, social or environmental well being of their area. Under Section 2 of the Local Government Act 2000, every Local Authority is granted the power to do anything which they consider is likely to achieve economic, social or environmental well being of their area, including the power to provide staff, goods, services or accommodation. In addition, and benefiting asset transfer strategies across political boundaries, Authorities are empowered to act in the benefit of any area situated outside their locale if they consider that it will achieve well being.

Supporting applications

Help is available with applications for grants, through a dedicated website called Funder Finder. Apply yourself is an easy to use software program designed to help those applying for grants and loans. You can download it for free from http://www.funderfinder.org.uk/applyyou.php

The Development Trust Association website provides a wealth of support and advice, from the initial idea to maintaining your project. It also provides links for those seeking specific help. Visit http://www.dta.org.uk/ for more information.

Take a look at the Empowerment, Enterprise and Regeneration: Valuing Community Asset Transfer conferences!
http://www.atu.org.uk/Support/catconference

Please visit the references tab for more useful websites.