Process for Disposal of Commercial Property

Bill Smith made this Freedom of Information request to Fife Council

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The request was successful.

Dear Fife Council,

Please provide details in relation to your process for the disposal of commercial properties owned by Fife Council.

Within your response, please provide any document processes or policies related which are used for the disposal of commercial property.

Yours faithfully,

Bill Smith

Fife Council

Dear Bill Smith,

ENVIRONMENTAL INFORMATION (SCOTLAND) REGULATIONS 2004 – REQUEST FOR INFORMATION

I refer to your request for information dated 31/03/2021, our ref: 34834 relating to commercial properties.

The information you have requested is subject to the Environmental Information (Scotland) Regulations 2004, therefore, requires us under Freedom of Information Act 2002 to apply exemption S39 (2)(a) Health, Safety and the Environment, as the information is obliged by regulations under S62 to make available to the public in accordance with the regulation.

We will continue to proceed with your request under the Environmental Information (Scotland) Regulations 2004, which allows us 20 working days from the date after receipt of your original request.

If you are not satisfied with the way we have handled your request, you have the right to request a review of the decision. Please write to: Head of Legal & Democratic Services, Finance & Corporate Services, Fife House, North Street, Glenrothes, KY7 5LT or e-mail to [email address]. The law provides for you to make this request up to 40 workings days from when you receive this correspondence. We add a further three working days to allow time for delivery of our response giving you up to 43 working days from the date of this correspondence to ask for a review. Where the outcome of the review fails to resolve the matter to your complete satisfaction you have the right to apply to the Scottish Information Commissioner for a decision.

Fife Council will consider and seek to resolve any request to the Head of Legal & Democratic Services that falls outside this timescale.

Please note that due to the public health situation with Coronavirus we may be unable to respond within the timescale.

Yours sincerely

Deborah McKay
Information Management & Requests

Deborah Mckay, Fife Council

1 Attachment

Dear Bill Smith,

 

ENVIRONMENTAL INFORMATION (SCOTLAND) REGULATIONS 2004 – REQUEST FOR
INFORMATION

 

I refer to your information request received 31/03/2021, our ref: 34834. 

 

I am pleased to enclose the information you requested and trust that it
meets your requirements.

 

*information request*

Economic Development owns and manages a portfolio of business property,
industrial and commercial land. Any commercial property available for
lease or disposal as well as any industrial and commercial land is
promoted for disposal on the open market through its Property Investment
and Development section through various sources including national
property search engines including Nova Loca, CoStar and its own Invest
Fife website. In addition an appropriate sign board will be erected on any
property or site. Depending on the nature of the property or land the
section uses property agents where appropriate. On occasion property or
land may be sold to a sitting tenant or adjoining property owner where
that is considered advantageous to secure best value.

 

The Estates section of Property Services are tasked amongst other matters
to dispose of non-operational assets, by way of sale or lease depending on
circumstances. After establishing that no other Council Service has a use
for the asset, the property is decommissioned and pre-sale checks and
surveys undertaken. An agent will then normally be appointed depending on
the nature of the disposal and if any specialism is required. Agents are
appointed after a tender process or from an existing framework agreement.
The Council uses the Public Contracts Scotland website to advertise
opportunities. To be notified of future opportunities register
at:  [1]Home - Public Contracts Scotland

 

Any disposal is subject to prior consultation having taken place with
relevant local elected Members and Executive Director in accordance with
the Council’s List of Officer Powers or where the transaction exceeds a
market value of greater than £750,000 any disposal is subject to the
approval of the Council’s Assets and Corporate Services Sub-Committee.
Details are provided in the attached document.

 

Thereafter the Councils Legal Services will be instructed in order to
conclude the transaction, liaising with instructing colleagues as
necessary in terms of due diligence queries. In certain cases the legal
work can be outsourced to external solicitors, appointed by Legal
Services. Following settlement of the transaction certain housekeeping
matters are attended to such as internal notification processes.

 

 

I would like to draw your attention to the copyright situation in relation
to the material.

 

The Council holds the copyright for all of the material provided and it
may be reproduced free of charge in any format or media without requiring
specific permission.  This is subject to the material not being used in a
derogatory manner or in a misleading context.  The source of the material
must be acknowledged as Fife Council and the title of the document must be
included when being reproduced as part of another publication or service.

 

If you are not satisfied with the way we have handled your request, you
have the right to request a review of the decision.  Please write to: Head
of Legal & Democratic Services, Finance & Corporate Services, Fife House,
North Street, Glenrothes, KY7 5LT or e-mail to [email address]. 
The law provides for you to make this request up to 40 workings days from
when you receive this correspondence.  We add a further three working days
to allow time for delivery of our response giving you up to 43 working
days from the date of this correspondence to ask for a review.  Where the
outcome of the review fails to resolve the matter to your complete
satisfaction you have the right to apply to the Scottish Information
Commissioner for a decision.www.itspublicknowledge.info/Appeal

 

Yours sincerely

 

Deborah McKay

Information Management & Requests

Customer and Online Services

1^st Floor, Fife House, North Street

Glenrothes

KY7 5LT

 

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References

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1. https://www.publiccontractsscotland.gov....
2. http://www.fifedirect.org.uk/privacy