Croft Division Application

Division

Division is the term used to describe the creation of two or more new crofts from an existing croft. This is typically done so the new crofts can be separately (transferred) or renounced and let, with our consent. Owner-occupier crofters who want to sell a part of their croft must apply for this consent first.

Who can apply?

  • A tenant crofter
  • An owner-occupier crofter

Is this the right application for me?

  • Use this application if you want to divide your croft land to create two or more new crofts.
  • If you only want to divide a grazings share and not the croft land, use the ‘division (grazings shares)‘ form.

Getting approval quickly

We use a set of simple rules called ‘parameters’ to assess your application to divide an existing croft. 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:

  • Access: The division must not create any access issues for any of the proposed new crofts, or for other croft/common grazings land.
  • Size and quality: There must be no concerns over the size and quality of any croft created by the division.
  • Guideline: The Commission looks for new crofts to be either 3 hectares (with or without a grazings right) or 1 hectare (with an associated grazings right).
  • Demand: No demand has been expressed for the tenancy of the croft that is to be divided.
  • Objections: There must be no objections to the application, including from the landlord (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 ‘division’ application form, this can be accessed via the form finder by selecting “apply now” below. Please read the guidance notes first. 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.

Apply Now

You must also include:

  • A map of the proposed division showing the boundaries of the new crofts and all existing/proposed access routes.
  • Advert copy: You must advertise the proposed division in a local newspaper. This must appear no earlier than one month before and no later than two months after submission. Sample adverts for owner-occupier crofters and tenant crofters.
  • Notifications: Tenants must give written notification to their landlord and the owner(s) of the common grazings (if grazings rights are involved).
  • Registers of Scotland application: If your croft is not 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 and ensure all notices and advertising requirements are met.
  • Consultation: We allow 28 days after advertising for the public to submit comments or objections.
  • Decision: We aim to make a decision on straightforward applications that meet all the parameters within 16 weeks. We cannot make a decision until the original croft is registered with the Registers of Scotland.

Important things to consider:

  • You should consider agreeing on the names and annual rents for the new crofts with the landlord before applying.
  • The size and quality of any new croft created by the division must not cause concern (eg a new croft should generally be at least 3 hectares, or 1 hectare with an associated grazings right).

What happens after a decision?

We will notify you and any other involved parties (including the landlord and any objectors) of our decision within 21 days.

  • If approved: The division takes effect on the date the Registers of Scotland receives notification of the change from us. You will be advised on submitting a subsequent event (Form B) if the croft was already registered.
  • 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.