Small land sales on housing land
What are small land sales?
This refers to requests by individuals to purchase small areas of land on Housing land. They are most commonly strips of grass either at the end of streets or rows of housing. It does not cover requests to purchase larger areas of land with development potential or requests for transfer of ownership to communities.
Who deals with these requests?
The requests may come in through different channels. However each Community Services area should have a Designated Officer responsible for the administration of the Small Land Sales Policy. They will ask for details of where the land is, what size it is and what your intended use of it is.
What is our legal obligation to sell lands like this?
Housing Land is considered to be public property and is not usually for sale to benefit private individuals. Most requests will therefore not be approved following an initial assessment. In a minority of cases the customer will be advised to submit a formal application.
Read our policy on small land sales
In what situations may an application be approved?
There is a broader community benefit to the disposal, for example a rationalisation of small parcels of open space, either rarely used or often misused.
There are management issues in relation to the parcel of land concerned – for example, they are difficult or very costly to maintain.
There are extenuating circumstances in relation to the applicant requesting the purchase of the land – for example, there are health grounds in relation to the applicant and the sale of the land would improve their quality of life and would not adversely affect the quality of life of others in the neighbourhood.
If my application is successful what are the potential costs involved for me?
Any request to purchase land held on the Housing Revenue Account will be considered in terms of the policy. If we are prepared to sell you the land, fixed, non-refundable charges for the administration of the sale must be paid by you.
It should be noted that the sale process involves the following fees that currently total a minimum of £1,985 (exclusive of VAT):-
- Valuation fee - £800 + VAT
- Legal fees – £1,185
If the valuation fee is higher than £800 + VAT, you will be responsible for recovering the actual costs.
You would also be responsible for meeting any requirements for planning permission in relation to any land sold to you - for example you may need such permission to change use of land from open space to garden ground. You will also be responsible for preparing the deed plan as described in the Registers of Scotland guidelines.
Fees may also be payable if other statutory permissions are required