Nominating an asset of community value
Listing gives a community time to bid, not a right to buy. Here is who can nominate, what evidence works and how the moratorium periods actually run.
Listing a building as an asset of community value gives the community time to bid for it when the owner decides to sell. It does not give a right to buy, it does not stop a sale, and it does not by itself prevent redevelopment. What it does is trigger a moratorium of up to six months from the owner's notification, during which the owner cannot complete a relevant disposal to anyone other than a community interest group that has expressed an interest.
The scheme comes from Part 5 Chapter 3 of the Localism Act 2011 and the Assets of Community Value (England) Regulations 2012. Councils maintain a list, and anyone can search it.
What listing achieves, and what it does not
The practical effects are narrow and worth stating plainly.
Listing creates the moratorium. It places the asset on a public register. It is capable of being a material consideration in a planning decision about the asset, which means a council can give weight to the loss of a community facility when deciding an application. And it gives a community group a defined window to organise funding.
It does not oblige the owner to sell to the community, or at any particular price. At the end of the protected period the owner can sell to whoever they choose. It does not remove permitted development rights, though changes to the rules mean pubs and other drinking establishments now need planning permission for demolition or change of use in any event.
Community groups sometimes treat listing as a victory. It is better understood as buying time.
Who can nominate
The nominating body must have a local connection and must be one of the categories in the regulations: a parish council, a neighbourhood forum, a charity, a community interest company, a community benefit society, a company limited by guarantee, or an unincorporated group of at least 21 individuals who are registered to vote in the local authority area or a neighbouring one.
That last route is the one most local campaigns use, and the number matters. Twenty signatures is not enough, and the council will check the electoral roll. Collect more than the minimum to allow for people who have moved or who are not registered where you think they are.
A neighbouring parish council can nominate an asset in an adjoining area, which is useful where a village pub serves two settlements.
Evidence that the asset furthers social wellbeing
The test has two parts. The current use, or a use in the recent past, furthers the social wellbeing or social interests of the local community. And it is realistic to think that there can continue to be such a use within the next five years.
The second limb is where nominations fail. A council refusing a nomination usually says that continued community use is not realistic, relying on the owner's evidence about trading losses, structural condition or lack of interest.
Build the file accordingly.
- What the asset is used for, with dates, attendance figures where you have them, and the groups that use it
- Photographs, event programmes, newsletters and press coverage covering several years
- Statements from the organisations that use it, on their own letterhead
- Any expression of interest from a community organisation willing to run it
- Evidence that comparable facilities elsewhere have been taken on successfully, without naming private operators
Where the asset is closed, focus on the recent past use and on the realistic prospect of resumption. A closed pub with a viable trading history and a community group with a business plan is a much stronger nomination than one resting on sentiment.
Social interests are defined broadly and include cultural, recreational and sporting interests. Pubs, village halls, shops, sports grounds, libraries, allotments, community centres and places of worship have all been listed.
The decision, and the owner's review rights
The council has eight weeks from receiving the nomination to decide, and it must notify the owner. Listing lasts five years.
Owners can ask the council to review the listing, and that request has to be made within eight weeks. If the review upholds the listing, the owner can appeal to the First-tier Tribunal. Private owners can also claim compensation from the council for loss or expense incurred because of the listing, which is one reason councils apply the statutory tests carefully rather than generously.
For a community group, the review and appeal stage is when the quality of the original evidence tells. A nomination that set out the facts with documents attached survives. One that asserted community value in general terms often does not.
The moratorium periods
The sequence starts when the owner tells the council they intend to make a relevant disposal.
- An interim moratorium of six weeks runs from that notification. During it, a community interest group may write to the council expressing an intention to bid.
- If no group does so, the owner is free to sell at the end of the six weeks.
- If a group does, a full moratorium of six months runs from the date of the owner's notification, during which the owner cannot complete a disposal other than to a community interest group.
- After that, a protected period of eighteen months from the notification applies, during which no further moratorium can be triggered by another disposal.
Read those periods carefully. The six months runs from the notification, not from the end of the interim period, so the usable time is shorter than it looks. Funding has to be assembled in parallel with due diligence, and community share offers take longer than groups expect.
Certain disposals are exempt, including gifts, transfers between family members, disposals of a going concern, and transfers under a will. Those exemptions are why some sales complete despite a listing.
How listing affects a planning application
Listing is capable of being a material consideration where an application affects the asset. It carries most weight where the local plan has a policy protecting community facilities and requiring marketing evidence before a loss is accepted.
Objecting to an application on a listed asset works best when the objection ties the listing to that policy, sets out the marketing period the policy requires, and identifies what the applicant has not provided. Bare reliance on the listing rarely succeeds, because the listing records community value rather than deciding the planning balance. If you are new to writing objections, the structure of a Planning Statement shows the order officers read arguments in, and the 66 report types by category indicate what evidence an applicant should have submitted.
Where a community has been involved in a scheme from the start, that engagement record belongs in a Statement of Community Involvement.
Keeping the listing alive
Five years passes quickly, and a lapsed listing offers nothing. Diarise the expiry date when the asset is listed and re-nominate several months before it, with the evidence refreshed.
Keep the file updated in the meantime. Attendance records, photographs and letters gathered as you go are far easier to assemble than a reconstructed history five years later. And tell the council when the use changes, because a listing that no longer reflects reality is vulnerable at review.
This is general guidance, not legal advice. Check the position with your local planning authority or a qualified professional before relying on it.
Frequently asked questions
Who can nominate an asset of community value?
A parish council, a neighbourhood forum, a charity, a community interest company, a community benefit society, a company limited by guarantee, or an unincorporated group of at least 21 individuals registered to vote in the authority's area or a neighbouring one. The body must have a local connection, and councils check signatures against the electoral roll.
What does listing actually prevent?
It prevents the owner completing a relevant disposal during the moratorium periods to anyone other than a community interest group that has expressed an interest. It does not oblige the owner to sell to the community, or at any particular price, and at the end of the protected period the owner can sell to whoever they choose.
How long are the moratorium periods?
An interim moratorium of six weeks runs from the owner's notification, during which a community group may express an intention to bid. If one does, a full moratorium of six months runs from the same notification date rather than from the end of the interim period. An eighteen month protected period follows.
Why do nominations fail?
Usually on the second limb of the test, which asks whether it is realistic that community use can continue within the next five years. Owners produce trading losses, structural condition reports or evidence of no interest. Nominations succeed where the file contains documented use over several years and a group with a credible plan to run the asset.
Does listing stop a planning application?
No, but it can be a material consideration where an application affects the asset. It carries most weight alongside a local plan policy protecting community facilities and requiring marketing evidence before a loss is accepted. Objections should tie the listing to that policy rather than relying on the listing alone.
Sources and further reading
This article is general guidance about the planning system in England and, where stated, the rest of the UK. It is not legal or professional advice. Check your local planning authority’s validation requirements and take professional advice for your specific site.