We own property that has common good status.
The Scottish Government describes common good as:
"property owned by a local authority which has been passed down, through local government reorganisation, from former burghs. Those burghs would have received it as a gift or purchased it. It includes land and buildings, and moveable items such as furniture and art. It may include cash where property has been sold and income received."
Sometimes it is difficult to establish whether a property is common good, due to the time which has passed since it was acquired.
Property can be common good if it was gifted to, or acquired by, the burgh on or before 15 May 1975 and:
- it has been used by the general public for a long time
- it was dedicated for a specific public purpose
- the title conditions ensuring public use were agreed in the original charter
There can be other factors that decide if a property is common good or not, such as statutory reasons for owning a property, how it was acquired or if it is held by a separate trust.
Selling or changing the use of a common good property
If a property has common good status, there are restrictions on what can be done with it.
If we want to change the use of, or sell, a common good property, we need to consult on our plans.
Common good registers
Section 102 of the Community Empowerment (Scotland) Act 2015 places a duty on local authorities to:
“establish and maintain a register of property which is held by the authority as part of the common good.”
Following consultation, lists have been adopted for:
Arbroath
Brechin
- List of land and buildings for Common Good Register for Former Burgh of Brechin (Report 247/24 Appendix1)
- List of land and buildings excluded from Brechin Common Good on legal grounds (Report 247/24 Appendix 2)
Forfar
- List of land and buildings for Common Good Register for Former Burgh of Forfar (Report 247/24 Appendix 4)
- List of land and buildings excluded from Forfar Common Good on legal grounds (Report 247/24 Appendix 5)
Montrose
- List of land and buildings to be included in the Common Good Register for the Former Burgh of Montrose (Report 370/24 Appendix 1)
- List of land and buildings excluded from Montrose Common Good as they have been sold or removed on legal grounds (Report 370/24 Appendix 2)
Kirriemuir
We are currently consulting on an updated list of Common Good land and buildings for the Burgh of Kirriemuir. You can view the list and find out how to have your say on Engage Angus.
Monifieth
As set out in Report 190/21 to the Policy and Resources Committee we will publish a proposed list of properties to be included in a common good register for Monifieth on the Engage Angus website.
Following this consultation, a report will go to the council's Policy and Resources committee.