Asset Transfer/Community Ownership Guidance

Introduction

Inverclyde Council is committed to processing applications for asset transfer in an open and transparent way in partnership with applicant organisations.

A key element of our approach is to provide the necessary support and dialogue throughout the process so that organisations are enabled to progress at the right pace for them.

What is the Process?

Community Transfer Bodies (CTBs) are encouraged to complete an Expression of Interest Form (which can be downloaded from the Documents section of this page) as a first step in the process. This provides us with outline information about your objectives and sufficient information to determine whether the asset is available for transfer - i.e. that the asset is owned by Inverclyde Council. A map detailing Inverclyde Assets can be accessed in the related links section of this page.

This part of the process is not a statutory requirement, and you can simply submit a Community Asset Transfer Form (which can also be downloaded from the Documents section of this page), however submitting the Expression of Interest Form route allows the Asset Transfer Team (the Team) to initially review your request and requirements, and simplify the overall process for you.

Once the Team have considered the Exprerssion of Interest Form, they will contact you to discuss your transfer and (if necessary) the completion of a Community Asset Transfer Request Form.

The form is based on a Model template developed by the Scottish Government. It's important that you take the time to complete the form and use the guidance for CTBs. Once this form is submitted it will be reviewed to ensure that all required information has been provided. The submission of this form will, if necessary, enable the Team to have an initial discussion with you.

Applications can only be acknowledged and formally validated when the application is completed in full and all accompanying information is received by the Team. In the event that an application is incomplete, it will be returned to you with an opportunity to provide the required information. It is only when the application is considered complete, that the 6 month decision period commences. This 6 month decision period can however be extended if agreed to by both you and the Council.

Who is Eligible?

Community Transfer Bodies (CTBs) are eligible to apply as outlined in the Act. There are two levels depending on the type of request that is being submitted:

A group requesting to lease or use an asset or for a transfer of ownership should meet the following criteria:

has a written constitution
is open to anyone in the community it covers to join
is community led
the majority of members are from that community
is for the benefit of the community

Additionally, a group requesting the transfer of ownership of an asset must be one of the following:

a company limited by guarantee
a SCIO (Scottish Charitable Incorporated Organisation)
a Community Benefit Society with at least 20 members

What to think about before Applying?

The Team will be looking for evidence of community support for the transfer. This has to be obtained by the applicant through, for example, consulting existing building users, other community groups and stakeholders from within the community. As part of this evidence gathering CTBs may wish to consider the Inverclyde Partnership Plan 2023/33 and the six Locality Plans.

Where two or more CTBs have an interest in an asset, the Team would expect them to work together in partnership and come to an agreement on the way forward. This may involve a joint application from a Consortium.

Assets enable the delivery of services - it is vital that the types of services and their programming respond to the needs of the local community.

A CTB must include the following information when making an asset transfer request:

the asset to which the request relates
whether it wishes to own, lease or use the asset
the reason for making the request
the benefit which the CTB believes will arise if the transfer goes ahead
the price that the CTB will be willing to pay for the asset if requesting to buy it
the rent that the CTB would be willing to pay if requesting to lease it.

What Criteria is used to Assess Applications?

The guidance sets out the areas that Relevant Authorities are required to assess when considering Asset Transfer requests. As part of our assessment we will look at the following:

The community support for the transfer and that consultation has taken place
The need/demand for the transfer
That the CTB has the capacity to manage the asset and has, or has access to, individuals who have the necessary skills and experience
The governance and financial systems including funding and realistic costings
How the CTB's aims for the project will contribute to the achievement of the Council's objectives
That the proposed project will not duplicate activities, services or facilities already provided in the local community.

What's the Decision Making Process?

The Team will assess the application in line with the criteria. They may come back to you for additional information or to discuss elements of your request.

They will make a recommendation to the Environment and Regeneration Committee, in making a decision on a formal request.