Community Right to Buy (England): what changes from 30 April 2026?
A short update on Assets of Community Value (ACVs) and what the new rules mean for owners and community groups.
The Community Right to Bid (introduced by the Localism Act 2011) delivered some real community wins, but it also attracted criticism from both owners and community groups. In practice, many groups have struggled to compete with private buyers—and even where a community group can match the price, private purchasers may be preferred because transactions are seen as quicker and simpler.
From 30 April 2026, the Community Right to Buy replaces the Right to Bid and strengthens community rights in several important areas. It still isn’t an absolute “right to buy” (because an owner generally cannot be forced to sell), but it does introduce a clearer right of first refusal-style process when certain community assets are put on the market.
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What property is covered? The right applies to registered Assets of Community Value (ACVs).
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Wider ACV definition. ACVs now include assets that enhance the economic or social interests of a community (for example, local shops, pubs and community centres).
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New category: Sporting ACVs (SACVs). These are sports grounds with provision for spectators. The listing includes ancillary facilities (for example, car parks).
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How assets are listed. SACVs are automatically registered and the local authority must keep its own list and review it at least every five years. Other ACVs still need to be nominated/registered by an eligible community group. New registrations last 10 years (up from 5).
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Trigger for the process. If an owner decides to sell an ACV, the owner must inform the local authority. There is no general power to force a sale (although the same legislation introduced a separate power for local authorities to compulsorily purchase dormant or blighting properties).
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Notification and publicity. Once notified, the local authority must notify the nominator community group, local MPs, councillors and put notices at the property, so take a more active role in raising community awareness.
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Stage 1: 6-week interim moratorium. Community groups have 6 weeks to express interest in purchasing. The owner cannot sell during this period.
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What community groups are eligible? Eligible community groups (with a local connection) include charities, community interest companies (CIC), community benefit societies (CBS) and parish councils. Unincorporated bodes with at least 21 local members are also eligible but they must be formally constituted. Private individuals are not eligible, even if they would use the asset for a community purpose.
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Stage 2: 12-month full moratorium. If a community group expresses interest within the 6 weeks, a full moratorium applies for 12 months (up from 6). After 6 months, the owner can ask the local authority to check that the community group is making sufficient progress.
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Price-setting and valuation. The owner and community group can negotiate a price. If they cannot agree, the local authority can refer the matter for an independent open market valuation (one expert valuer). The valuation is the market value and no discount applies.
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Offer requirement and ‘cap’. During the 12-month moratorium, if the owner wants to sell, they must first offer the property to the community group(s), capped at the independent open market valuation. If a community group agrees to buy at that price, the owner cannot sell to someone else for more (the valuation becomes a cap on the sale price in that sense).
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Still not a forced sale. The owner is not forced to sell at the valuation figure and can withdraw the property from the market.
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After the moratorium. If no community group agrees to buy (at or below the cap) within the 12 months, the owner can then try to sell on the open market during a restricted period of 18 months from the expiry of the moratorium. If a sale does not occur, the process starts again - designed to reduce the scope for simply “waiting out” the moratorium and then selling privately for more.
Overall, the new regime gives community groups a better chance than the outgoing Right to Bid, while still aiming to strike a balance with owners’ interests. It gives communities an opportunity to keep valued local assets, and it should still enable owners to achieve a fair, market-based price. But it only applies if an owner wants to sell, so it is closer to a right of first refusal than an absolute right to buy. Hopefully owners will therefore see the benefits of the revised system.
Many will be disappointed that environmental and nature conservation assets were not brought within the reforms.
The new status for sports grounds is a notable policy shift, giving enhanced protection to a relatively small category of property. The requirement for provision for spectators is likely to exclude typical recreation grounds and many amateur facilities where people can watch from the sidelines but without man-made seating or banking—although those may still be capable of listing as an ordinary ACV. Some may question why competitive sports grounds are singled out; the rationale appears to be the scarcity of such sites and the view that many other community uses can more easily be accommodated in a wider range of buildings.
As with the previous regime, it is likely to work best where community groups are already active, informed and well organised—and where local authorities are engaged and resourced to administer the process. The registration requirement means (except for SACVs) the regime only applies if a community group has gone to the effort of registration before the owner decides to sell. The regime as a whole is thus designed to capture those assets that the community actively cares about and isn’t designed to be used to prevent development.
Most people are likely to support these measures if they lead to sustainable community facilities for the long term. In practice, that means more than this legal right and a market valuation—it requires funding, a robust business plan and the practical capacity to take on ownership and ongoing management. Even with a longer moratorium, it could prove difficult for a new group to mobilise “from scratch” to save an asset once a sale is underway.
If you are a landowner, local authority or community organisation affected by these changes or considering a nomination or a disposal, please contact the Property team on 0113 244 6100.
You can also keep up to date by following Wrigleys Solicitors on LinkedIn.
The information in this article is necessarily of a general nature. The law stated is correct at the date (stated above) this article was first posted to our website.
Specific advice should be sought for specific situations. If you have any queries or need any legal advice, please feel free to contact Wrigleys Solicitors.
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