Community Rights to Buy: overview

A community body (eligible for Part 2, Part 3A and Part 5 Right to Buy)

There are three types of eligible bodies for a Part 2, Part 3A and Part 5 Right to Buy.

These are:

• Company Limited by Guarantee (CLBG): model template and guidance
• Scottish Charitable Incorporated Organisation (SCIO): model template and guidance
• Community Benefit Society (Bencom)

We have produced a model template governing document for both a CLBG and SCIO and these documents can be accessed on the links above. There are model rules for Bencoms on the Community Shares Scotland website. These will still have to checked for compliance with the right to buy and may require further amendment.

A community body is defined geographically under the Acts and must consist of one or more of the following prescribed types of area:

• postcode area(s)
• postcode district(s)
• postcode sector(s)
• postcode unit(s)
• electoral ward(s)
• community council area(s)
• island(s)
• settlement(s)
• locality or localities

This geographical definition must be clearly specified within the community body’s governing document, i.e. its Articles of Association (CLBG), Constitution (SCIO) or Registered Rules (Bencom).

We have created the community mapping tool to assist communities with the identification of prescribed area boundaries:

• community mapping tool and guidance

A crofting community body (eligible for Part 3 Right to Buy)

There are three types of eligible body for a Part 3 Right to Buy.

These are:

• Company Limited by Guarantee (CLBG): crofting model template and guidance
• Scottish Charitable Incorporated Organisation (SCIO)
• Community Benefit Society (Bencom)

We have produced a model template governing document for a crofting CLBG which can be accessed from the link above.

Our crofting CLBG model template is the only model template for any of these structures, which is compliant with all the relevant provisions of the Act.

A crofting community is defined as those persons who are:

• resident in the crofting township which is situated in or otherwise associated with the croft land subject to the application, and who are entitled to vote in local government elections in the polling district or districts in which that township is situated; or
• are tenants of crofts in the crofting township, whose names are entered in the Crofting Register, or the Register of Crofts, as the tenants of such crofts; or
• are owner-occupier crofters of owner-occupied crofts in the crofting township whose names are entered in the Crofting Register as the owner-occupier crofters of such crofts

​​​​​​​​​​​​​​This definition must be clearly specified within the community body’s governing document, i.e. its Articles of Association (CLBG), Constitution (SCIO) or Registered Rules (Bencom).

Once you have chosen the structure for your community body and completed the model template, send the governing document to crtb@gov.scot.

We will then review the governing document and check it for compliance. If any amendments are required, we will contact you to advise what these changes are.

If the chosen model template is altered or if a model template other than those created by the Scottish Government is used, this process may take up to 6 weeks to complete, due to the additional checks required.

This applies to already established companies, charities, and community benefit societies.

Once we complete our review and the governing document is deemed compliant, the community body will be asked to register with the relevant regulator.