By Kevin Maton, Network Director, Social Enterprise West Midlands
Just one part of the Localism Bill that has received a great deal of positive comment and got community development organisations all excited is the Right to Buy. I have long supported the proposals championed by the Development Trust Association and others for Asset Transfer policies within the public sector. This allows community bodies and trusts to run public sector buildings that are surplus to requirements. This is on the basis that they will be transferred at a value that better reflects their public service heritage and the community they will be put to use. Making them available for a community organisation to buy at full market value is not an Asset Transfer!
Now the Localism Bill is suggesting that communities may be able to exercise a ‘right to buy’ with regard to assets in private hands that the community wants to retain. However, my years of experience would suggest great caution in seeing what the current Bill offers in a very positive light. Much more detailed work is necessary. Why? Well here is an example.
A pub or small workshops in private hands is up for sale. Valued by the community, they are on a local list as needing to be offered to the community to buy first. These buildings are regarded by their owners as redundant in terms of their current use and they will expect to sell them for the market value of the land. That is almost certainly going to be for private housing value. But the community wants to retain and run them in their current state – as a community hub and resource centre in the former pub or start up enterprise centre in the workshops. If they had to pay an inflated housing land value for the pub or workshops they are unlikely to be viable projects. Is the private owner going to forego the maximum value of the site and allow it to be sold at its current use value as a redundant pub or workshops?
In my experience such buildings have a habit of catching fire or the bulldozers appear and it is the same result. In most cases people can demolish their buildings without permission so there would have to be additional legislation to protect buildings on an asset list.
This is just one example but this is typical of much of the legislation coming from Government – many of the issues have not been sufficiently thought through and major details have to be developed before this legislation is going to be useful to communities looking to set up projects and social enterprises in local buildings. It is a bit like those major software companies that released beta versions of their products and left the public to discover the faults at great inconvenience.






