We are improving Scotland's system of land ownership, use, rights and responsibilities, so that our land may contribute to a fair and just society while balancing public and private interests.
Actions
We are progressing land reform by:
- promoting the seven principles of the Scottish Land Rights and Responsibilities Statement
- asking the Scottish Land Commission to review land issues and provide evidence-based recommendations for change to Ministers
- providing financial support through the Scottish Land Fund to help communities take ownership of land and buildings
- providing guidance on Community Right to Buy
- providing forms and guidance for the right to buy land to further sustainable development
- providing guidance for community right to buy (“the Part 2 Right to Buy”)
- providing guidance for community right to buy abandoned, neglected or detrimental land (“the Part 3A Right to Buy”)
- providing guidance for crofting community right to buy (“the Part 3 Right to Buy”)
- developing draft regulations for a register of persons holding a controlled interest in land
- providing guidance on engaging communities in decisions about land
- providing guidance on asset transfer
- providing a community mapping tool to assist communities in defining their boundaries and areas (see also mapping tool guidance)
- publishing the second Statement of Land Rights and Responsibilities in September 2022 (originally published September 2017), as required by Land Reform (Scotland) Act 2016
- consulting on proposals for a new Land Reform Bill
Background
Following the independent review and report on land reform, the land of Scotland and the common good, we consulted on the future of land reform in Scotland between December 2014 and February 2015 to gather views on proposed legislation.
The Community Empowerment (Scotland) Bill was given royal assent on 24 July 2015 and the Land Reform (Scotland) Bill was introduced to the Scottish Parliament in June 2015, and given royal assent on 22 April 2016.
In April 2017 we set up the Scottish Land Commission as a new statutory public body to engage with the public and advise ministers on land reform.
Community Right to Buy Review
The Community Right to Buy review aims to recommend improvements to existing processes that will contribute to an increase community ownership.
It will ensure that these proposals for right to buy are aligned with policy development on land reform, asset transfer and other mechanisms that enable community ownership.
The review will consider any changes to the provisions that from the Land Reform Bill, ensuring that there is a consistent approach.
Review timetable
Phase 1 - Initial collection of evidence and views – completed autumn 2024
We will gather evidence and views on the improvements we could make to Community Right to Buy through informal discussions and evidence collection with stakeholders and community groups, to get their views on the current rights. We will also issue a general request for evidence of issues and improvement, to allow anyone to contribute. We will be asking what works, what doesn’t, does anything need to be added, simplified, or removed?
Phase 2 - Assessment and development of proposals – completed spring 2025
We will collate and analyse the feedback from these discussions, identifying broad themes. This will allow us to develop improvement proposals which consider processes, guidance, and legislative changes across all of the rights in the round and as they relate to one another. We will share our proposals with Ministers before consulting on them.
Phase 3 - Formal consultation – completed autumn 2025
We will consult on our proposals in summer 2025. This phase will also include further stakeholder engagement and discussions.
Phase 4 - development of proposals – completed end 2025
We will analyse the consultation responses. This will result in a final set of proposals for agreement by Scottish Ministers. We will then prepare any legislation required, with the aim of being ready to introduce early in the next parliamentary session, subject to collective agreement being reached on the content and timing of future legislative programmes.
If you would like to contribute to this review, you can email the Community Land team at crtbreview@gov.scot with comments.
Land Rights and Responsibilities statement
In September 2022, the then Minister for Environment and Land Reform, Máiri McAllan, launched the Second Land Rights and Responsibilities Statement, which provides the framework for the current and future land reform. Land reform in Scotland, including matters relating to the ownership, use and management of land and associated rights and responsibilities, is continually evolving. The first Statement was published in 2017, and it has been revised to ensure that it remains relevant to current Scottish land issues.
The Scottish Land Commission has produced a series of Land Rights and Responsibilities Protocols, which provide practical advice on the Statement’s implementation.
The review of the Land Rights and Responsibilities Statement was found to be exempt from impact assessments.
Extent of community ownership
The extent of community ownership is monitored by the Community Ownership in Scotland statistical publication which also informs the National Indicator on community ownership. We are aware there may be instances of community ownership which are not currently included in this publication. We've published a form for reporting information about instances of community ownership. We can then consider these for inclusion in the next update to the publication.
Land Reform Bill consultation
Our consultation Land Reform in a Net Zero Scotland closed on 30 October 2022. We published the consultation analysis in June 2023.
Bills and legislation
The Community Empowerment (Scotland) Act 2015 made various changes addressing community rights in relation to land.
The Land Reform (Scotland) Act 2016 established the Scottish Land Commission and made provision for various changes to land ownership and management.
Contact
Community right to buy
Email: crtb@gov.scot
Post:
Community Land Team
Q Spur
Saughton House
Broomhouse Drive
Edinburgh
EH11 3XD
Register of Controlling Interests, Land Reform (Scotland) Act 2016
Email: LandReform@gov.scot