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.
How to apply
To apply, complete the 'croft house and garden site decrofting' 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.
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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.
- 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.
Further information
Decrofting (house and garden) – delegated decision making and escalating cases