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Community Asset Transfer in Wales

Community Asset Transfer

There is a growing list of local authorities in Wales which are passing on responsibility for outdoor sports fields and pavilions. Various councils in Wales have completed asset transfers for facilities in recent years. The umbrella body for Welsh councils says that they are being forced to transfer sports pitches and other facilities in the face of “extraordinary financial pressures”.

What is community asset transfer?

Community Asset Transfer is the transfer of management and/or ownership of public land and buildings from its owner (usually a local authority) to a community – to achieve a local social, economic or environmental benefit. Community Asset Transfer is about giving local people and community groups greater control in the future of their area and their community

Who can apply?

  • Community and Town Councils
  • The Third Sector
  • Community Groups

Ownership/management options

There are several legal options for Community Asset Transfer. The main tenure options are:

Licence to occupy, or other short-term arrangements – an agreement to use a building for a short period of time

Short term lease (under 10 years) – a written document recording the deal made between the landlord and the tenant

Long term lease (over 20 years) – this is a typical ‘community asset transfer’

Freehold – complete and absolute ownership of land and all buildings on the land

What can asset transfer achieve?

  • Give sports clubs and community organisations more security and sustainability
  • Enable people to protect the assets in their communities – including iconic heritage buildings and open spaces
  • Involve people in designing and running the services from which they benefit
  • Be a catalyst for getting people more involved as volunteers
  • Keep money in the local economy through enterprise and locally owned assets

Communities who are interested in Community Asset Transfer should contact their local authority’s property department.

 

The processes surrounding community asset transfers can be complicated. We have a specialist team of Property, Sports and Charity Lawyers who can advise on all aspects of community asset transfers.

If you would like more information please contact James Pearn or Rebecca McCarthy for a free-of-charge initial discussion:

James Pearn Email: PearnJ@loosemores.co.uk

James Pearn Telephone: 029 2080 3120

Rebecca McCarthy Email: McCarthyR@loosemores.co.uk

Rebecca McCarthy Telephone:  029 2080 3111

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