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Gaelic

Decrofting

Decrofting is the term used when land is removed from crofting tenure.

The Landlord of a tenanted croft who wishes to remove land from crofting tenure must make an application to the Scottish Land Court. This is called resumption and has the same effect as decrofting.

PLEASE NOTE, in any application involving or affecting access to the croft, provisions for sufficient vehicular access must be clearly marked on plans submitted with the application. Please take the time to consider any issues relating to access to the croft carefully before submitting the application to us. This may help avoid delays in dealing with your case. To take account of modern vehicles and equipment, access to the croft should be at least 4 metres wide.

 

Delegated Decision Making Parameters

CROFT HOUSE SITE AND GARDEN GROUND

Decrofting house site and garden ground by a landlord or tenant - Sections 24 and 25(1)(b) of the Crofters (Scotland) Act 1993.

Decrofting house site and garden ground by an owner-occupier crofter - Sections 24A and 25(1)(b) of the Crofters (Scotland) Act 1993.

Has the correct application form been used?

  • To be processed as a statutory house site the structure must be wind and watertight, and
  • the applicant must not have previously decrofted a house site under Section 25(1)(b) provisions in relation to this croft.

If "No" to either, the application must be dealt with as a part croft decrofting.

We will return the application and advise a part croft decrofting application must be submitted.

A straightforward approval can be made if:

  • The area applied for is less than 0.2 Ha
  • There are no other buildings included in the area that are/could be used as agricultural buildings
  • There are no concerns over access to the remainder of the croft
  • There have been no negative submissions

If any of these conditions are not met, the application will be escalated.

PART CROFT

Decrofting Part Croft by a landlord or tenant -Sections 24(3) and 25(1)(a)

Decrofting Part Croft by an owner-occupier crofter - Section 24A and 25(1)(a)  of the Crofters (Scotland) Act 1993.

A straightforward approval can be made if:

  • Is the purpose applied for a reasonable purpose
  • The area relates to a dwelling house or amenity ground and is less than 0.2(ha)
  • There are no other buildings included in the area that are/could be used as agricultural buildings
  • There are no concerns over access to the remainder of the croft
  • There have been no negative submissions
  • Demand has not been expressed for the tenancy
  • There has not been more than 2 decrofting directions issued in respect of the croft in the last 5 years.
  • The Commission has not previously objected to planning for the proposed development

If any of these conditions are not met, the application will be escalated.          

 

WHOLE CROFT

Decrofting Whole Croft  - Sections 24 and 24A of the Crofters (Scotland) Act 1993.

These parameters only apply where it relates to a small residual site, including the site of a house.   All whole croft decrofting applications which exceed 0.20(ha) will be escalated.

A straightforward approval can be made if:

  • The area is less than 0.2 (ha)
  • The decrofting of the area applied for would not adversely affect the interests of the crofting community
  • There are no other buildings included in the area that are/could be used as agricultural   buildings
  • There have been no negative submissions
  • Demand has not been expressed for the tenancy

 If any of these conditions are not met, the application will be escalated.          

 

Please ensure you submit your Registers of Scotland (RoS) Registration Application form along with your application, if required.

Please note that when you are completing the Registration Application for RoS you are required to advise them of persons who own/occupy any adjacent croft or land, as our ROC is not mapped based the Commission cannot assist you with this information.

Decrofting

Covid -19

UPDATE: CORONAVIRUS
The Commission is now accepting new applications, but as all staff continue to work from home and the office remains closed, these will be processed more slowly than usual. Any applications that relate to statutory deadlines, or which concern a Crofting Register form to notify the Commission that an event has taken place, will be given priority over other applications.

Where applications require a site visit, it will not be possible for any site visit to be carried out until the government eases the current restrictions on movement.Where any application involves a hearing, no hearings will take place until the current restrictions on movement are eased and the government has advised that public meetings (with appropriate physical distancing) can take place.

Approved Applications:

If you are a crofter who has had an application approved by the Commission within the last 3 months
Please read this important information regarding effecting Commission regulatory decisions.

You can continue to contact us by email info@crofting.gov.scot and although we are now in a position to deal with phone calls to our reception line, few staff have access to work phones to make return calls and therefore the service will be limited. We would therefore ask that you continue to contact us via email. You can of course continue to use the mobile numbers on the Contact Us page of this website to speak with us.

The Commission understands that this is a difficult time for all concerned, but we wish to reassure crofters and their agents that we will continue to work to restore normal levels of service. It is unlikely that this can be fully restored until the government permits offices to reopen and for various restrictions on movements and meetings to be eased.
20 May 2020.

Crofting Commission, Great Glen House, Leachkin Road, Inverness, IV3 8NW 

 

 

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