Crofting law reform – The Crofting and Scottish Land Court Bill 2025

The Crofting and Scottish Land Court Bill (“the Bill”) was introduced by the Scottish Government on 2 June 2025. It sets out proposed reforms to crofting legislation and the merger of the Scottish Land Court with the Lands Tribunal for Scotland.

Much of the current crofting legislation is contained in the Crofters (Scotland) Act 1993 (“the 1993 Act”), as amended by later acts, including the Crofting Reform (Scotland) Act 2010 (“the 2010 Act”). The Bill aims to simplify the current law and streamline processes. We’ve summarised some of the key proposed changes below.

Environmental uses of crofts

Section 1 of the Bill updates the obligations on tenant and owner-occupier crofters in relation to misuse and neglect, allowing them to put their crofts to “environmental use.” This list of examples of environmental use includes activities such as peatland restoration, habitat creation, and water management. The list is not exhaustive, and Scottish Ministers will have the power to modify the list of examples.

While the 1993 Act allows for “another purposeful use,” which could include environmental activities, the Bill creates a distinct category for “environmental use.” Notably, it removes the need for consent from the Crofting Commission (and the landlord, in the case of tenant crofters) for environmental use. Environmental use must be planned and managed, and must not adversely affect adjoining land. In contrast, “another purposeful use” must not adversely affect the croft, the public interest, or the landlord.

Owner-occupied crofts

Section 9 allows owners of vacant crofts, including those without registered title, such as beneficiaries, to apply to the Crofting Commission for determination of their status as owner-occupier crofters.

Section 10 limits transfers of owner-occupied crofts to individuals only, excluding companies and partnerships. Any transfer that breaches this rule will be invalid.

Reducing the number of deemed crofts

Common grazing shares can become “unattached” from crofts, often when a tenant buys their croft but not the grazing share. These shares may then become deemed crofts on their own, sometimes held by individuals with no other crofting interest.

Section 15 addresses this by treating grazing shares as pertinents of the croft unless agreed otherwise. As an extra measure, the Commission will also have powers to treat such deemed crofts as vacant and reallocate them. This builds on existing provisions under the 1993 Act, which allow the Commission to require the reletting of vacant crofts. Under the new provisions, the Commission must first notify the landlord, and if proposals are rejected, it may publicly invite applications. Grazings committees must be consulted where they exist.

Crofting Register – first registration

Sections 22 to 25 of the Bill introduce changes to the registration procedures for Crofting Register registration – the map-based register introduced by the 2010 Act and held by the Land Register of Scotland, aimed at increasing the number of registrations and improving accuracy.

At present, only certain trigger events require crofts to be registered in the Crofting Register. Under the Bill, a tenant crofter who purchases their croft, becoming an owner-occupier, must register it within one year. Failure to do so will be an offence, with liability to a fine.

Another change is that where a tenant crofter wishes to register their croft, they must first send a copy of their application to their landlord at least 14 days before submitting it to the Commission. This gives landlords the opportunity to note any inaccuracies.

Section 25 shifts the duty to notify interested parties from the Commission to the keeper. Applicants must inform the Commission of steps taken to identify interested parties, and the Commission may request further information.

To expedite the registration process, the Bill places an obligation on the keeper to notify interested persons of the registration as soon as reasonably practicable. Only once the last person has been notified does the 9-month challenge period begin.

Rectification of the Crofting Register

The 2010 Act currently allows rectification only by the original applicant, by court order, or in cases of error by the Commission or keeper. Section 26 of the Bill provides additional means of rectification.

Minor administrative errors on the part of the keeper can be amended by the keeper. These do not require notification to the Commission or interested parties and will not restart the challenge period for first registrations.

The Commission may direct the keeper to rectify material inaccuracies that are manifest, following 28 days’ notice and consideration of any representations. The keeper may also act independently if it becomes aware of such an inaccuracy, and must give notice of the rectification to the Commission and anyone affected by this change.

Section 26 of the Bill introduces circumstances in which the keeper and Commission may be liable to indemnify persons for losses arising from erroneous rectifications at their instance.

Definition of “crofting community”

The Bill updates the definition of “crofting community” in the 1993 Act to include crofters situated within a township. “Township” is also used in various sections of the Bill in place of “locality of the croft,” bringing more clarity to the sections involved. To support these legislative changes, the Bill includes provision for the Register of Crofts to include a township and parish for every entry.

How we can help

The Bill is currently at Stage 1 of the legislative process, being subject to committee review and further input before being passed to Parliament for debate.

If you’re affected by the proposed changes or would like tailored advice on how the Crofting and Scottish Land Court Bill may impact your rights and responsibilities, our rural law specialists are here to help. Please contact Ellen Eunson, Director in our Rural team, at Ellen.Eunson@andersonstrathern.co.uk. or a member of our expert team.