OpenLegislation

Paragraph 68 Valuation of the landI1

Scotland Not yet in force

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

A valuer appointed under paragraph 67 is to assess the value of the land in respect of which a small landholder’s right to buy under paragraph 63 is being exercised as at—

(a)

the date of notice under paragraph 61 of the seller’s proposal to transfer the land, or

(b)

where no such notice was given, the date on which the landholder gave notice under paragraph 64 of the landholder’s intention to buy the land.

(2)

The valuer is to assess the value of the land having regard to the value that would be likely to be agreed between a reasonable seller and buyer of such land—

(a)

assuming that the seller and buyer are, as respects the transaction, willing, and

(b)

where the buyer is a sitting small landholder.

(3)

In assessing the value of the land under sub-paragraph (2), the valuer is to take account of—

(a)

in so far as a seller and a buyer of the land (assuming that they are, as respects the transaction, willing) would do so, any factor attributable to the known existence of a person who (not being the landholder who is exercising a right to buy the land) would be willing to buy the land at a price higher than other persons because of a characteristic of the land which relates peculiarly to that person’s interest in buying it,

(b)

when the seller would in the normal course of events have been likely to recover vacant possession of the land from the landholder,

(c)

the terms and conditions of any lease of sporting interests affecting the land, and

(d)

any moveable property belonging to the owner of the land which is, by agreement between the landholder and the owner, to be sold with, and valued along with, the land.

(4)

In assessing the value of the land under sub-paragraph (2), the valuer is to take no account of—

(a)

the absence of the period of time during which the land would, on the open market, be likely to be advertised and exposed for sale,

(b)

any factor attributable to any use of the land which is or would be unlawful,

(c)

any increase in the value of the land resulting from improvements to the extent that the landholder would be entitled to compensation in respect of those improvements upon renouncing the tenancy of the small landholding,

(d)

any increase in the value of the land resulting from the use of any of the land, or changes to the land, for a purpose other than cultivation of the land,

(e)

any reduction in the value of the land—

(i)

as a result of any dilapidation or deterioration of, or damage to, fixed equipment or land caused or permitted by the landholder, or

(ii)

resulting from the use of any of the land, or changes to the land, for a purpose other than cultivation of the land, or

(f)

any fixed equipment owned by the landholder.

(5)

Where land in respect of which the right to buy is being exercised forms part of an estate, the valuer is, in addition to assessing the value of the land under sub-paragraph (2), to assess the value representing the difference between—

(a)

the value of the estate were the estate being sold by the seller to a person other than the landholder, and

(b)

the value of the remainder of the estate (that is to say, the estate less the land in respect of which the right to buy is being exercised) were the remainder being sold by the seller to such a person.

(6)

Where two or more parts of an estate are being bought in exercise of a right to buy under this Part—

(a)

the valuer is to assess—

(i)

the value of each of those parts under sub-paragraph (2), and

(ii)

the difference between the values mentioned in paragraphs (a) and (b) of sub-paragraph (5),

as at the last date on which notice of intention to buy was given under paragraph 64 in respect of those parts of the estate,

(b)

the valuer may, for the purpose of valuation under sub-paragraph (5), apportion to each such part of the estate (or re-apportion if for any reason the sale of any such part does not proceed) such amount representing the reduction in the value of the estate as the valuer considers equitable.

(7)

The Scottish Ministers may issue guidance (either generally or in respect of a particular description of case) for the purposes of valuation under this paragraph.

(8)

An estate is to be treated, for the purposes of sub-paragraphs (5) and (6) and paragraph 69, as comprising—

(a)

any land forming part of the estate and which is being bought in exercise of a right to buy under this Part, and

(b)

any other land forming part of the estate offered for sale by the seller at the same time as the land mentioned in paragraph (a).

(9)

For the purposes of paragraph 66(2)(b)(i), the price payable by a landholder is—

(a)

the value assessed under sub-paragraph (2), or

(b)

where the land forms part of an estate, the greater of the values assessed under—

(i)

that sub-paragraph, and

Annotations

Commencement

I1

Sch. 2 para. 68 not in force at Royal Assent, see s. 47(2)