What an asset of community value is
A building or land is an asset of community value (ACV) if its main use is, or recently has been, to further the social wellbeing or social interests of the local community and if it could do so in the future.
The Localism Act states that 'social interests' include cultural, recreational and sporting interests. Regulations list a number of situations where land or buildings are exempted from inclusion on the list or operation of the moratorium. These include homes, hotels, assets being transferred between kindred businesses, and Church of England land holdings.
The legislation governing assets of community value is set out in:
Nominations for assets of community value in Brighton & Hove
There are separate lists for successful nominations and those pending decision, and unsuccessful nominations. We'll update the relevant list whenever a nomination is accepted or rejected. We will also update the list by removing ACVs after a 5 year period, as required by section 87(3) of the Localism Act.
Make a nomination
We can only accept nominations for land and buildings within Brighton & Hove. If the land or building is outside the city please contact the local authority for the area.
Who can nominate assets of community value
The following community organisations with a local connection can nominate land and buildings for inclusion on the Brighton & Hove list:
- parish councils
- neighbourhood forums - as defined in S61F of the Town and Country Planning Act 1990
- unincorporated community groups of at least 21 members
- not-for-private-profit organisations, like charities
A local connection means that the organisation's activities are wholly or partly concerned with the area, or with a neighbouring authority’s area.
What information a nomination needs to contain
A nomination must contain:
- a description of the nominated land, including its proposed boundaries shown on a plan with the site or building outlined in red
- a statement of all the information the nominator has with regard to:
(a) the names of current occupants of the land, and
(b) the names and current or last known addresses of all those holding a freehold or leasehold estate in the land
- the nominator’s reasons for thinking that Brighton & Hove City Council should conclude that the land is of community value
- evidence that the nominator is eligible to make a community nomination
If you would like to nominate land or a building in Brighton & Hove, please download our guidance notes for completing the community right to bid nomination form (PDF 389kb). Then complete our community right to bid nomination form (MS word 158kb).
Where you should send your completed nomination
Please email your completed nominator form to firstname.lastname@example.org or post it to:
City planning and development
Hove Town Hall
What listing an asset as an ACV achieves
If an asset is listed as an ACV it prevents the asset owner from selling the asset, for up to 5 years, without the nominating group being given the chance to bid for it.
What listing an asset as an ACV does not achieve
Being listed as an ACV will not:
- stop the asset from closing - if the owner decides that the asset is no longer viable they have the right to close it
- force the asset owner to dispose of the asset
- reduce the price of the asset, it may be sold at market value
- oblige the owner to enter into any negotiations with you about your bid
- give the nominating group ‘preferential treatment’ in respect of their bid to purchase it - the asset owner will assess all bids that are submitted and, after the ‘protected timescale’, they can choose to sell it on the open market to whoever they choose
- stop the owner from making a planning application to change the use - listing as an ACV will be a consideration in the determination of a planning application, but it does not guarantee that the use will not change
How a nomination is assessed
The council will acknowledge all nominations, and must decide whether the nominated land or property should be included on its list of assets of community value within 8 weeks of receiving the nomination.
Nominations which meet the statutory criteria for land of community value will be added to the list of assets of community value.
Owner's right of review and appeal
Request a review of the listing decision
An owner of land or property which has been added to the council's list of assets of community value has the right to ask the council for a review of the decision. The request must be made within 8 weeks of us giving the owner the decision to list, unless we agree to a longer period.
The owner can request an oral hearing. Otherwise the review will be made based on the submitted documents alone. The nominator has no right to take part in the review unless the owner agrees. We'll ask the owner if the nominator can take part and notify the nominator if the owner agrees.The full procedure is set out in Schedule 2 of the Assets of Community Value Regulations 2012.
One of the council's senior officers will make the decision on the review. The officer will be chosen on the basis that they've not taken any part in the decision to list. The decision must be made within 8 weeks of the owner's request for a review, unless we agree a longer period with the owner.
Make an appeal
If the review decision is that the land or property remains on the list of assets of community value, the owner then has a right of appeal. Find out more about how to appeal against a listing decision on GOV.UK.
Pubs as assets of community value
We've put together some information about pubs as assets of community value.
Community Right to Bid
Assets of community value are also linked to the Community Right to Bid.