Croft House Site and Garden Ground Decrofting
Decrofting (house and garden)
Decrofting removes land from a croft so it’s no longer subject to crofting laws. A ‘decrofting (house and garden)’ application specifically removes the existing house site and garden from crofting tenure.
The house must be wind and watertight and fit for people to live in to use this application. If the house isn’t wind and watertight, or if you’re decrofting a site to build a new house, you must use a ‘decrofting (part croft)‘ application
A crofter has a right to apply to decroft one house this way and any subsequent houses would need to be decrofted using a ‘decrofting (part croft)‘ application.
Who can apply?
- A tenant crofter
- An owner-occupier crofter
- A landlord of a vacant or part-vacant croft
Important things to consider
- You are only entitled to apply for one statutory ‘decrofting (house and garden)’ per croft. Any subsequent house decrofting must use the ‘decrofting (part croft)’ application.
- The area you apply for should not include buildings used for crofting or agricultural purposes.
Getting approval quickly
We use a set of simple rules called ‘parameters’ to assess your application to decroft a house site and garden ground. If your application meets every parameter, and no one objects, we can approve it more quickly.
Check list
Your application must meet all these points for a quick decision:
- Size: The area being decrofted is smaller than 0.4 hectares.
- Other buildings: There are no other buildings on the land that could be used for crofting or agriculture.
- Access: There is sufficient access to the rest of the croft if this land is decrofted.
- Landlord: The landlord has not objected to the decrofting application (if the croft is tenanted).
If your application does not meet all the simple rules, it is treated as a complex application. This means it is passed to senior staff for review, and the decision will take longer to process.
How to apply
To apply, complete the ‘croft house and garden site decrofting’ form, this can be accessed via the form finder by selecting “apply now” below. If your application doesn’t match the register of crofts or is incomplete, we won’t be able to process it. You can submit your application online or by post. First search for your croft and then find the correct form.
You must also include:
- A detailed site map of the area being applied for.
- Notifications: Tenants must notify their landlord in writing and provide proof.
- Registers of Scotland application: If your croft is no already registered with the Registers of Scotland, you must submit a first registration (Form A). If your croft is registered, you’ll submit a subsequent event (Form B) if the application is approved. Each Registers of Scotland application has a fee of £90. We will process and forward these applications on your behalf.
The process
- Initial checks: We’ll check your application for completeness. If it’s not correct, we won’t be able to process it.
- Decision: We aim to make a decision on straightforward applications that meet all the parameters within 16 weeks.
What happens after a decision?
We will notify you of our decision.
If approved:
- You will be sent a decrofting direction. This will be available to download on the register of crofts one week after issue.
- Tenant crofters must buy the land within 5 years for the decrofting to take effect.
- The decrofting takes effect on the day the decrofting direction is registered with the Registers of Scotland.
If refused: You have 42 days to appeal our decision to the Scottish Land Court. You can find more information about this on our appeals page.