Disposal of Land by Local Authorities (Scotland) Regulations: General Guidance

ANNEX B STATUTORY GUIDANCE ON THE DUTY TO APPOINT A SUITABLE QUALIFIED VALUER

LOCAL GOVERNMENT SCOTLAND ACT 1973 - SECTION 74

DISPOSAL OF LAND BY LOCAL AUTHORITIES (SCOTLAND) REGULATIONS 2010

The Guidance

Statutory Guidance issued under section 74 of the Local Government (Scotland) Act 1973, as amended by section 11 of the Local Government in Scotland Act 2003.

The duty to appoint and instruct a suitably qualified valuer to determine the value of best consideration for land and the factors to be taken into account, or not to be taken into account, in undertaking that valuation.

1. Introduction

1.1 This guidance is issued by Scottish Ministers under section 74 of the Local Government (Scotland) Act 1973, as amended by section 11 of the Local Government in Scotland Act 2003. It is the duty of a local authority to have regard to this guidance in appointing and instructing a suitably qualified valuer for the purposes of assessing the best consideration that can reasonably be obtained by a local authority. This provides guidance on what are suitable qualifications for a valuer and what factors are to be (or not to be) taken into account by the valuer in assessing the consideration.

1.2 The Guidance and Regulations issued under section 74 (as amended) are relevant to local authorities, i.e. councils constituted under section 2 of the Local Government etc (Scotland) Act 1994.

2. A Suitably Qualified Valuer

2.1 When determining the best consideration that can reasonably be obtained for land that may be disposed of for less than best consideration local authorities should appoint and instruct a valuer who is a chartered Member of, or is authorised to practice by, the Royal Institution of Chartered Surveyors ( RICS). The valuer should be suitably experienced in the valuation of the type of property concerned and with a reasonable knowledge of the locality concerned.

3. Factors to be taken into account when assessing best consideration

3.1 When assessing best consideration that can reasonably be obtained, in respect of the relevant land or interest in land, the valuer, should take into account the requirements of the latest edition of the RICS Valuation Standards ("The Red Book").