Common good property
Common good property is property owned by the council, which was inherited from one of the former 17 burgh councils situated within Aberdeenshire.
Not all former burgh property is common good. Establishing what property is common good can only be determined by researching the fact and circumstances of its acquisition and its subsequent use.
Property can have common good status if it was gifted to or acquired by a former burgh and if it meets certain criteria (this list is not exhaustive):
- The title deeds specify that the area of land or building is to be held or gifted to the community
- The land has been used by the general public over very many years
- The land or building was gifted to the community, usually for a specific purpose
Properties which were acquired by the former burghs under statute (for example for housing) or under a special trust don't have common good status.
Once a property is established as common good there are certain legal processes that need to be followed when considering change of use, selling or leasing it on the open market or via community asset transfer.
These legal processes are:
- Carry out a statutory consultation with the local community under part 8 of the Community Empowerment (Scotland) Act 2015
- If required, seek approval from the court under section 75 of the Local Government (Scotland) Act 1973
View the Scottish Government's common good property guidance which sets out how local authorities should carry out their legal duties including establishing the common good register and consultations.
Common good asset register
The council is required by law to publish its own common good asset register.
Contact
For any queries about common good assets please email cti@aberdeenshire.gov.uk.