The Community Right to Buy relates to Part 2 of the Land Reform (Scotland) Act 2003. It provides communities with opportunities to acquire land. Statutory Instruments (Orders) relating to the Community right to buy have been passed by Parliament and can be viewed by using this link. To take advantage of the right to buy, communities must submit an application form, to register an interest in rural land. If you would like further information please use this link - Community right to buy: Guidance.
All applications to register an interest in land will be recorded in the Register of Community Interests in Land (RCIL) held by the Registers of Scotland. PDF versions of all the documentation will be available for public viewing through the RCIL.
Registers of Scotland also maintain a register of agricultural tenants who have registered their interest in buying the land they rent. If you would like further information please use this link - Agricultural Holdings (Scotland) Act 2003.
Community Right to Buy: process
The Community Right to Buy can only be activated once a landowner has indicated that the land in which there is a registered interest is to be sold, or where the provisions of the Act have been breached. However, the Community Body is expected to have already registered an interest in the land they wish to purchase.
When any registered land is to be sold, the owner must inform Ministers and the community body that they intend to sell the land. The community body will then have a maximum of 30 days to decide whether it wishes to proceed with the right to buy. Failure to respond to Ministers within that time will result in the right to buy being extinguished.
More than one community body may register an interest in the same piece of land. Where two or more community bodies register community interest for the same piece of land it is for Ministers to decide, following ballot results, which community body will proceed towards purchase. The other application will be extinguished.
A fuller description of the Community right to buy processes are given in the Community right to buy: Guidance.