ACV Listing � Criteria, Nomination Process, and How to Challenge
Localism Act 2011 s.88: a building or land qualifies for listing if (i) its current/recent use furthers the social wellbeing or social interests (including cultural, recreational, sporting interests) of the local community; and (ii) it is realistic to think that there can be a non-ancillary use that will further those interests. Nomination: by any voluntary or community body with a local connection; parish council in respect of any land in their area; or neighbourhood forum with an area including the land. Owner is notified and can make representations before listing; listing proceeds without owner consent. Duration: 5 years on the list; can be re-nominated after expiry. Challenge: internal review request within 8 weeks of listing decision � carried out by a different officer to the original decision-maker; if internal review upholds listing, appeal to First-tier Tribunal (General Regulatory Chamber) within 28 days on legal grounds (criteria not met; nominator not eligible; procedural error). Compensation: owner can claim from the local authority for actual loss caused by the listing or moratorium (abortive transaction costs; holding costs; market value reduction) under the Assets of Community Value (England) Regulations 2012.
The Six-Month Moratorium and Exempt Disposals
Trigger: owner must notify the local authority before completing any 'intended disposal' � freehold sale; assignment of freehold; grant of 25+ year lease. Owner serves Moratorium Trigger Notice; local authority publicises the intended disposal. Six-week window: community groups have 6 weeks to serve a Community Interest in Bidding (CIB) notice. If no CIB: owner can proceed immediately. If CIB served: six-month moratorium runs from the date of the owner's original notice (not from the CIB date); during moratorium, owner can negotiate with all parties (including commercial buyers) but cannot complete a disposal to a non-community purchaser; after six months, owner free to sell to anyone. Moratorium does NOT: give community groups right of first refusal at a set price; prevent owner marketing to commercial buyers; require owner to sell to the community at any price. 18-month reset: if the owner does not complete within 18 months, a new notification and potential new moratorium are required. Exempt disposals: leases under 25 years; share sale of owning company (company law transaction, not land disposal � no moratorium triggered); mortgagee exercising power of sale; insolvency disposals; gifts; disposals to CIC, community benefit society, or registered charity.