Consent to be Absent
What is a Consent to be Absent Application?
Tenant and owner-occupier crofters each have a duty to:
- be ordinarily resident on, or within, 32 kilometres of their croft
- cultivate and maintain the croft or put it to another purposeful use
- not to misuse or neglect the croft.
If a crofter is not complying with the duty to be ordinarily resident on, or within, 32km (20 miles) of their croft, they can make an application for ‘consent to be absent’. to gain consent from the Commission to be absent from their croft for a set period of time.
Who can apply?
It should be noted that ‘consent to be absent’ is a short-term measure intended for those crofters who have firm plans, and a reasonable timescale, for becoming ordinarily resident on their croft.
An application for Consent to be Absent is only for the duty of being ordinarily resident on, or within, 32 km (20 miles) of the croft.
If a crofter is unable to comply with the other crofting duties, which are to cultivate and maintain or put the croft to another purposeful use, and not to misuse or neglect their croft, it may be more appropriate for the tenant to submit an application to a person who is able to comply with the duties.. This is a matter on which you should take your own independent advice if you wish to pursue either of these options.
The Commission recognises that there may be legitimate reasons why a crofter is unable to take up residency on a croft for a reasonable period of time. However, the Commission must be satisfied that there is good reason to be absent, and the period of time approved for any absence will depend upon the specific circumstances in each case.
Examples of good reasons for absence that the Commission may consider include:
- Where there are medical reasons which prevent ordinarily residence on, or within 32 kilometres (20 miles) of, the croft
- Where the crofter is undertaking training or an educational course that requires residency away from the croft for extended periods of time
- Where the crofter may be working away for a contracted period of time
- Where the croft has recently been assigned or purchased, and the crofter is unable to take up immediate residence.
Application Form
To apply for Consent to be Absent, please complete the application form in full. It is important that you provide as much relevant information as necessary.
You will be asked for information including:
- Your details (explain eg name and address)
- The details of your croft and/or grazing share(s)
- The reason and duration you are applying to be absent from the croft for
- The date you will take up residency
- The current use of your croft.
Tenants of crofts, and/or grazings shares, must send a copy of the application form to their landlord(s) prior to submitting the form to the Commission.
Registers of Scotland Application
A crofter applying for Consent to be Absent from their croft or grazing share is not required to register the croft with the Keeper of the Registers of Scotland.
When the Commission receives your application, we will send you or your agent an acknowledgement letter.
We will consider the application, and decide, within 28 days of the date of receipt of the application.
We will then notify you of our decision. If you are a tenant, we will notify your landlord(s) of our decision at the same time. The Commission may grant subject to conditions or refuse the application.
You (and any other involved party to the application) will have the option to appeal the Crofting Commission’s decision or determination of the application to the Scottish Land Court within 42 days from the date of the decision letter. Please refer to the Appeals page for more information.