Asset transfer

What is asset transfer?

Asset transfer is a term generally used when the ownership of assets owned by public organisations, such as ourselves, is transferred to other organisations which are usually community based.  However, in the Community Empowerment (Scotland) Act 2015 the term ‘asset transfer’ includes leases or requests for use. That is the meaning that we have used here.

What is the Community Empowerment (Scotland) Act 2015?

The aim of the Act is to help to empower communities through ownership or control of land and buildings, and by strengthening their voices in decisions about public services.

In Part 5 (Asset Transfer) the Act sets out a process for community ownership/leasing of assets, from getting started to concluding a contract and what to do if a request isn’t agreed. Although the process can be complex there is support available to community bodies, including from ourselves and the Community Ownership Support Service (COSS). 

Requests for an asset transfer can be progressed outwith the process set out in the Act, although a lot of the same information will be required.

What is an asset?

In this context an asset is land or buildings owned or leased by public authorities such as ourselves.

What can be included in an asset transfer request?

A request can be made to buy, lease (rent) or occupy any land or building that we own or lease.

Is it just SBC that asset transfer applies to?

No, the asset transfer part of the Community Empowerment (Scotland) Act 2015 applies to the following organisations in the Borders:

  • Scottish Borders Council
  • NHS Borders
  • Borders College
  • South of Scotland Enterprise
  • Police Scotland
  • Scottish Fire and Rescue Service
  • NatureScot
  • SESTrans
  • Scottish Environment Protection Agency
  • Scottish Water
  • Scottish Courts and Tribunals Service
  • Historic Environment Scotland

Our assets

Guidance for community groups

Request form

Existing asset transfer requests

Annual Reports

An annual summary of all asset transfer requests received by year, and their outcomes, are available as Asset Transfer Annual Reports

An asset transfer request can be submitted for any land/building at any time, even if there is already a request in place from another group. You do not have to wait until an earlier request has been completed before submitting yours. If there is more than one group interested in the same land/building you should try to work together to agree a single request, although we know that this isn't always practical.