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ACV

This topic contains 4 replies, has 4 voices, and was last updated by Profile photo of Stephen Stephen 2 years, 3 months ago.

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  • #11022
    Profile photo of Jane
    Jane
    Participant

    Hello, we have recently set up a community interest group and the moratorium period for an ACV has been triggered. The owner currently has a number of planning applications in with the council. We are meanwhile looking into ways of turning the building into a community space etc. We need to see inside the building. How do we do that – do we need to apply to the council or direct to the owner, and if so are they obligated to allow us entry to look at the condition of the building etc?

    #11023
    Profile photo of Sheila
    Sheila
    Participant

    I’m not sure my answer will be of much help because the potential assets we tried to nominate was up for sale. Therefore we applied to the Estate Agent for a viewing appointment. This allowed us to see which ones may or may not be suitable for what we wanted, which was like you a community space.

    However if you are successful in the ACV nomination, as you have six weeks to register an interest once they notify you that the change of use, or sale, is happening, could you not nominate it anyway. That way it would not be pulled out from under you without notice once on the asset register. Could you also ask the council for advice on this too.

    The place we wanted was turned down because it had been out of community use for more than two years so did not fit the criteria.

    I hope this helps.

    #11025
    Profile photo of Jane
    Jane
    Participant

    Sheila,
    Thank you so much for replying. The building I’m referring to has been given an ACV, the owner then announced the potential sale and a community interest group has been set up, and our six month period is ticking away. The building does not actually appear to be for sale via any agents, and meanwhile the developer has submitted a couple of planning applications. We would like to see inside the building to get a better idea of the state of the building, and would like advice about how we approach the request. What is the ‘correct’ procedure, do we ask the developer or do we request access via the council (particularly as the developer informed the council that the building is ‘for sale’ and set the moratorium period)?
    Regards, Jane

    #11026
    Profile photo of Chris
    Chris
    Participant

    **Jane**

    Hi Jane.

    Chris from NALC here. You need to seek specialist guidance here. There may be information on the Locality web-site (http://www.locality.org.uk/ ) or the My Community Rights helpline at 0845 458 8336.

    Thanks,

    Chris (NALC)

    #11057
    Profile photo of Stephen
    Stephen
    Participant

    Sheila,
    Thank you so much for replying. The building I’m referring to has been given an ACV, the owner then announced the potential sale and a community interest group has been set up, and our six month period is ticking away. The building does not actually appear to be for sale via any agents, and meanwhile the developer has submitted a couple of planning applications. We would like to see inside the building to get a better idea of the state of the building, and would like advice about how we approach the request. What is the ‘correct’ procedure, do we ask the developer or do we request access via the council (particularly as the developer informed the council that the building is ‘for sale’ and set the moratorium period)?
    Regards, Jane

    Jane

    As far as the Act is concerned, there is no ‘correct procedure’ – it doesn’t extend to situations such as you describe. If the asset was being openly marketed for sale through an agent you would approach them. But as it’s not you’ll need permission to view from the owner. The local authority might be able to offer a bit of assistance to broker a conversation, but there’s very little they can practically do if the owner does not want to co-operate. There might be some drawings to inspect in relation to the planning application, so it’s worth a conversation with the local authority.

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