Who can express an interest in the purchase of a listed asset?
Only a 'community interest group' can trigger a full moratorium, unlike a nomination that can be made by a wider range of local community groups, including unincorporated local groups. This means a Town/Parish Council in whose area the asset lies or any incorporated community group which meets these definitions:
- It has a local connection, meaning that its activities partly or wholly occur in the local area
- It is a charity, a company limited by guarantee, a Community Interest
Company or an Industrial and Provident Society or Community Benefit Society The variation in definitions between which groups can nominate an asset and which groups can trigger a moratorium means that these two actions may be completed by different groups. A full moratorium can be triggered by any eligible local community group, not just the one who nominated the asset in the first place.
Are there any exceptions to the Moratorium?
After an asset is listed there are some disposals (by sale, transfer or lease) which will not trigger the moratorium and can proceed without delay.
These are set out at S95(5) of the Localism Act 2011.