In the Community Empowerment (Scotland) Act 2015, an asset is defined as estates, land or buildings owned by public authorities. The term "land" is generally used to describe all assets.
A request can be made for the sale of any asset owned by the public authority. Alternatively a request can be made for the lease of any asset that is owned or leased by the public authority. The Scottish Government has set out here (section 7.9) the types of land that need not be included in relevant authorities' registers.
Each public authority is required to publish a register of all their assets. The asset register for Glasgow City Council is available here however a hard copy is available on request.
For further information please see What is Community Asset Transfer or How to apply. If you are interested in applying for transfer of an asset, we would encourage you, in the first instance, to complete an Enquiry Form or email firstname.lastname@example.org.
The Act introduces timescales within the asset transfer process and specifies the information that Community Transfer Bodies (CTBs) must provide when requesting an asset transfer. All public authorities must publish an annual report about the asset transfer requests they have received.
There is no legal requirement for all transfer of ownership, leases and other arrangements with CTBs to go through the system provided by the Act. Where both parties are happy to make arrangements by negotiation, they can continue to do so. For example, facilities that have routinely been made available for short term use by communities can continue to be made available through existing arrangements. Before you make an asset transfer request under the Act you are strongly advised to look at information on the Community Assest Transfer page and digest the guidance for CTBs.
Every case will be different, depending on the nature of the application and the level of expertise within the CTB making the application. The Act requires that a decision must be made within 6 months of the acknowledgement of a fully completed "Community Asset Transfer Request Form". Applications can only be acknowledged and formally validated when the application is completed in full and all accompanying information is received by the Council. In the event that an application is incomplete, it will be returned to the applicant with an opportunity to provide the required information. The application form is made available following our response to your submission of the Enquiry Form.
To assist with your application, where we can in a timely manner, we will provide details of historic usage, running costs and information relating to the physical condition of the asset.
CTBs will be required to submit a Community Asset Transfer Request Form including a business plan or equivalent. Wherever possible, CTBs will be encouraged to work together for the benefit of the wider community. Applications will be assessed against a range of criteria, and ultimately this will determine how the assets will be transferred - and to whom.
Further details on the application process can be found here.
The Act requires us to make available online:
details of asset transfer requests and any documents accompanying them - personal information will be redacted
details of decisions
an annual report
We must also produce Notices which make others aware of asset transfer requests and provide the opportunity for representations to be made. Any representations would then be sent to the CTB for comment.
Some financial assistance may be available in the short term if this requirement is demonstrated within the business plan. CTBs would be expected to be independently financially sustainable in the medium to long term. Each case will be assessed individually and advice will be offered in relation to external funding opportunities.
The public authority must agree the request unless there are reasonable grounds for refusal as set out in the Community Empowerment (Scotland) Act 2015. The Council must report the number of requests it agreed and refused each year in an Annual Report to the Scottish Government.