Crofting community right to buy

The Land Reform (Scotland) Act 2003 gives crofting communities the right to acquire and control the croft land where they live and work, and to acquire the interest of the tenant in tenanted land (interposed lease).

Crofting community right to buy is a right that can be exercised at any time. This distinguishes it from community right to buy, as land can be acquired without the consent of the owner.

This means that a successful crofting community right to buy application can force the selling of land, which likens it to a compulsory purchase.

How to form a crofting community body

Before you submit an application, you must receive a compliance letter from Scottish Ministers confirming that the crofting community body’s governing document is compliant with all of the provisions of the relevant part(s) of the Land Reform (Scotland) Act 2003.

We have produced the following template for forming a crofting community body compliant with the Land Reform (Scotland) Act 2003:

Guidance

We have produced the following guidance for Crofting Community Right to Buy:

How to apply

Applicants should complete the Crofting community right to buy: application form and send it to:

Community Land Team
Q Spur
Saughton House
Broomhouse Drive
Edinburgh
EH11 3XD

Applications to date

Two crofting communities have submitted applications under Crofting Community Right to Buy.

The Galson Trust on the Isle of Lewis submitted an application in 2005 but withdrew it after negotiating an amicable agreement with their landowner.

The Pairc Trust on the Isle of Lewis submitted an application in May 2005 which was rejected. In February 2010 they submitted two applications, which were approved by Ministers in March 2011. The Pairc Trust then withdrew the applications after negotiating an amicable agreement with their landowner.

View the Pairc Trust decision letters in our archive.

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