Apportionment
Apportionment
An apportionment is when a shareholder is granted exclusive use of a specific area of a common grazings. This area is fenced off for purposes like stock management, agricultural buildings, woodland, or a house site. The land remains in crofting tenure.
Who can apply?
Anyone who holds a share in a common grazings.
Getting approval quickly
We use a set of simple rules called ‘parameters’ to assess your application.
If your application meets every parameter, and no one objects, we can approve it more quickly.
Check list
Your application, and the purpose of the apportionment, should meet these examples for a quick decision:
- Residency: The applicant must live on the croft, or within 32 km.
- Stock management: The applicant currently has stock.
- Agricultural building: Either existing or proposed.
- Dwelling house: Less than 0.4 ha.
- Planting trees: As woodland the crofter will use.
- Community: No one in the grazings committee, or shareholders, or owners of the common grazings must object.
- Access: The application must not include any access to the remainder of the common grazings or to other croft land. If it does, there must be suitable, existing, alternative access to that land.
- Contiguous to other croft land: No part of the area applied for is contiguous to any part of another tenanted croft.
If your application does not meet all the simple rules, it will take longer as these more complex applications are decided by more senior staff.
Read the Commissions Policy Plan before applying, as well as interim policy statements.
How to apply
When applying for an apportionment of common grazings, please ensure your application is accurate and complete before submission, as the Crofting Commission makes decisions based on the information originally provided.
While we can accept minor essential adjustments—such as technical mapping corrections or small access amendments—any significant changes to the location, size, or intended use of the land will require you to withdraw your current application and submit a new one, including a new public advertisement.
To help your application progress smoothly and avoid the need for withdrawal, we strongly recommend that you plan your proposal carefully, ensure your maps are precise, and discuss your plans thoroughly with your Grazings Committee and the landowner before sending your form to us.
To apply you will need:
- An apportionment application form: This can be accessed by selecting “apply now” below. Read the guidance notes before you fill it out.
- A detailed site map: The map must meet our specific requirements.
- Planning documents: A copy of your planning permission, proof of your application, or a document stating that permission isn’t required.
- Registers of Scotland application: If your croft is not on the crofting register, you will likely need to submit a first registration (Form A) application via post. If it is already registered, you will need to post a subsequent event (Form B) application to us, if your application is approved. There is a fee of £90, and we will check your application and forward it to Registers of Scotland.
You can submit your application online or by post. First search for your croft and then find the correct form.
The process
- Initial checks: We will check your application and map to ensure they are correct and complete.
- Mapping: Our team will create a standard map of the proposed area. You must sign and return it to us.
- Advertising: We will give you guidance on how to advertise your application in a local paper. There will be a 28-day period for others to comment. We strongly recommend you speak with your grazings committee before applying to address any concerns.
- Scottish Government Rural Payments and Inspections Division report: A local office will prepare a report on your application, which can take several months. They may carry out a site visit to do this.
- Decision: If your application meets all the parameters (eg no objections, site is for an approved use), it can be processed more quickly. If it is more complex, it will take longer. We cannot make a decision until any required croft registration with the Registers of Scotland is complete.
What happens after a decision?
- If approved: We will issue an apportionment order and a map. The order will normally require you to fence the land within 2 years and will reduce your grazing rights (souming) on the remaining common grazing. You must confirm that the apportionment has taken effect by either returning a confirmation form to us or by posting a subsequent event (Form B) application within three months of the decision. The time limits for sending in Form B, and registering the apportionment, are set by law and cannot be extended.
- If refused: You will be informed of the reasons and can appeal the decision to the Scottish Land Court within 42 days. You can find more information about this on our appeals page.
