Assignation
Assignation is the term used for the permanent transfer of a croft tenancy from the current tenant to another person, with our consent. This is an important way to transfer your croft to a successor during your lifetime.
Who can apply?
Tenant crofters
Important things to consider
- The entire tenancy is transferred, including any grazing shares and buildings.
- If you only want to transfer grazing shares, use the ‘assignation of grazing shares’ form.
- If you want to keep part of your croft and only assign the rest, you must first apply to us to divide it.
- If your croft is sublet, you must give your subtenant 6 months' written notice before you apply.
- A tenancy can only be assigned to one person.
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 must meet all these points for a quick decision:
- Residency: The new tenant must live on the croft, or within 32 km, or move there within 18 months.
- Croft use: They must show a clear plan to cultivate the croft or use it for a purposeful use.
- Skills: They must have the skills needed for the planned use.
- Other crofts: They must hold 5 or fewer crofts in total and they must not have another croft in the township.
- Landlord: The landlord must not object.
- Community: No one in the crofting community must object.
- Demand: No other person is applying for the croft and there must not be any other vacant crofts in the township.
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.
How to apply?
To apply, complete the ‘assignation of a croft tenancy’ form. 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:
- Advertise: Place a notice in a local newspaper no earlier than one month before you apply and no later than two months after. Here is a sample advert.
- Notify the landlord: Inform your landlord and, if applicable, the owner of the common grazings in writing that you are applying. Here is a sample notification. If you do not notify your landlord, your assignation may be open to legal challenge.
- Registers of Scotland application: If your croft is not already registered with the Registers of Scotland, you must submit a first registration (Form A). This should ideally be submitted with your assignation application. If your croft is already registered, the new tenant will be required to 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 is not correct, we will not be able to process it.
- Objections: After the 28-day public consultation period, we will consider any objections or comments.
- Scottish Government Rural Payments and Inspections Directorate report: We may ask the Scottish Government Rural Payments and Inspections Directorate to prepare a report, which can add time to the process.
- Decision: A decision can be made more quickly for applications that meet all the decision parameters and have no objections. We aim to take a decision on straightforward applications within 16 weeks. We can’t make a decision on your application until the croft is registered with the Registers of Scotland.
What happens after a decision?
We may grant, grant with conditions, or refuse your application. We will notify you and all other parties of our decision by recorded delivery post within 21 days.
- If approved:
- If the croft is registered on the Registers of Scotland crofting register for the first time as part of this application: You must confirm that the change of tenancy has taken effect by returning a notification form to us within 3 months.
- If the croft was already registered: The new tenant must submit a subsequent event (Form B) and a £90 fee to us within a specified timeframe. We will then send it to Registers of Scotland to record the change.
- 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.