Asset Transfer FAQs
What is an asset?
For the purpose of this part of the Act an asset is land or buildings that are owned or leased by public authorities such as ourselves.
What is an asset transfer request?
An asset transfer request is the name given to the application that a community group sends to us (or other public authority) asking to buy, lease or occupy land or a building that we own or lease.
What can be included in an asset transfer request
A request can be made to buy any land or building that we own or lease. Alternatively a request can be made to lease (rent) or occupy any land or building that we own or lease.
How does our group know what the council owns or leases?
We have published on our website a list of the land and buildings that we own or lease. This is called our asset register. To make our asset register easier to use we have split it into five areas, these are Berwickshire, Cheviot, Eildon, Teviot and Liddesdale and Tweeddale. See our asset registers.
What is an asset register?
An asset register is a list of the land and buildings that we own or lease. To make our asset register easier to use we have split it into five areas, these are Berwickshire, Cheviot, Eildon, Teviot and Liddesdale and Tweeddale. Our asset registers are available.
Can our group make asset transfer request?
A group can request to buy land or buildings if it is a:
- company limited by guarantee
- SCIO (Scottish Charitable Incorporated Organisation)
- Community Benefit Society with at least 20 members
A group can request to lease land or buildings if:
- it has a written constitution
- it is open to anyone in the community it covers to join
- it is community led
- the majority of its members are from the community it covers
- it is for the benefit of the community
- it uses any surplus funds/assets for the benefit of the community
Which organisations can asset transfer requests be made to?
Asset transfer requests can be made to:
- Ourselves
- NHS Borders
- Borders College
- Scottish Enterprise
- Police Scotland
- Scottish Fire and Rescue Service
- Scottish Natural Heritage
- SESTrans
- SEPA
- Scottish Water
- Scottish Courts and Tribunals Service
- Historic Environment Scotland
Assets have been transferred from SBC to community groups before, how does the Act change things?
The Act introduces timescales within the asset transfer process and specifies the information that a group must provide when requesting an asset transfer. All public authorities must publish an annual report about the asset transfer requests they have received.
We’re not sure if asset transfer is the thing for our group or not
We encourage groups interested in an asset transfer to have a chat with the Communities and Partnerships Team. The team will answer any queries you have, supply you with information about the property you are interested in and provide you with advice to help you develop your application.
What information will we need to provide in our asset transfer request?
When a group is ready to submit a formal asset transfer request it will need to include the following information:
- the name of land or building to which the request relates
- whether it wishes to own, lease or use the land or building
- the reason for making the request
- the benefit which the groups believes will arise if the sale/lease goes ahead
- the price that the group will be willing to pay for the land or building if requesting to buy it
- the rent that the group will be willing to pay for the land or building if requesting to lease it
Can our group buy a building for £1?
The starting point for discussions about purchase price or rental costs of land or building will be the current market value of the property. If necessary these figures can be agreed in conjunction with the District Valuer.
Can the Council refuse our asset transfer request?
We must agree the request unless there are reasonable grounds for refusal, for example if we had advertised the land/building for sale before the asset transfer request was received.