The English Devolution and Community Empowerment Act 2026

Assets of Community Value: Big changes ahead

An asset of community value (ACV) is land or a building nominated by an organisation with a local connection and listed by the listing authority if it is considered that it has or recently had community value by furthering the cultural, recreational, or sporting interests of the local area.

Listing an ACV gives community groups a ‘right to bid’ if the ACV is to be sold, triggering a six-month moratorium period during which it has an opportunity to raise funds to allow it to make a bid on the open market. There is no obligation on the seller (or any party that has acquired the site prior to the listing) to accept any offer from a community interest group.

But there are big changes ahead with the English Devolution and Community Empowerment Act which received Royal Assent on 29 April 2026.

What's changing?

The English Devolution and Community Empowerment Act introduces far-reaching changes to the ACV regime that will broaden the scope of ACVs and will materially affect property owners of potential ACVs.

A broader definition of community value

Land or buildings may qualify if they further the economic well-being or economic interests of the local community. This significantly widens eligibility for the types of assets open to nomination, and make it easier to bring, for example, shops and other retail units into the scope of the regime.

Past use no longer needs to be ‘recent’

It will be sufficient to show that there was qualifying use ‘at a time in the past’. It will no longer be the case that a building which has been unoccupied for a long period cannot qualify as an ACV. Buildings which might previously have failed to qualify as an ACV may now do so.

From a right to bid to a right to buy

The Act introduces a Community Right to Buy, giving community groups the first opportunity to purchase an ACV when it is put up for sale. If there is disagreement on value, the purchase price payable by a community group will be the open market value of the asset as determined by an independent valuer.

Longer restrictions on disposal

The period during which a listed asset cannot be sold will be longer, up to 12 months, with a view to giving communities more time to raise funds, and will be more complex.

The listing period will also double from five years to ten years.

For owners, this may create uncertainty around both timing of disposals and whether the owner might be required to enter into the independent valuation process.

Sporting Assets of Community Value

The Act introduces a new type of ACV – the Sporting Asset of Community Value (SACV).

To qualify as a SACV, it must, in the opinion of the listing authority, comprise a ‘sports ground’, being any place where sports or other competitive activities take place in the open air and where accommodation has been provided for spectators, consisting of artificial structures or of natural structures artificially modified for the purpose.

If an asset is determined by the listing authority to be an SACV, it will automatically be added to the SACV list and the ACV list, regardless of any nomination being received. Unlike ACVs, which are removed from the LA ACV list after 10 years, a SACV will remain on the two lists (the ACV list and the SACV list) ‘indefinitely’.

While the Act remains subject to further regulations, it is clear that the intention is to strengthen community influence by broadening the scope of ACVs and extending the moratorium period. In practice, the impact of this may be curtailed by a seller’s right to request a review on whether ‘sufficient progress’ is being made by communities to acquire an asset at the six-month review mark and potentially end the moratorium period early. Though there will remain a degree of uncertainty in this process.

It is important to note that, as with the current regime, listing will not prevent development of a site altogether but may make the grant of planning permission more difficult to obtain. Listing will require compliance with a more complex and protracted notification and moratorium procedure, including the right to buy process, which inherently creates more uncertainty on a seller’s ability to dispose of an asset, or the price at which it may be able to do so.

What can asset owners do to prepare?

Asset owners should consider:

Assessing their portfolios to identify which properties might fit within the new definition of an ACV, in particular assets with ‘economic interest’ and potential SACVs.
The impact of potential longer delays on the ability to sell on the open market.
Preparing for valuation exercises to determine the open market value of the property.
Keeping account of any additional costs incurred as a result of the changes, in case a claim for compensation can be made.
Contacting TLT for detailed advice.

The Planning, Environment, Parliamentary and Compulsory Purchase team at TLT has deep expertise in dealing with Assets of Community Value. Get in touch with our expert Planning team who can provide you with advice on how to prepare and the impact the new regime may have.

‍This publication is intended for general guidance and represents our understanding of the relevant law and practice as at May 2026. Specific advice should be sought for specific cases. For more information see our terms & conditions.

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