skip to navigation
skip to page content
Gaelic

Division

Division is the term used when a croft is separated to create two or more units. If an owner-occupier crofter wishes to sell or otherwise transfer ownership of part of their croft, they must first obtain the Commission’s consent to divide the croft in to the respective parts they wish to transfer and to keep.

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

Division by a Tenant - Section 9 of the Crofters (Scotland) Act 1993

Division by Owner-occupier crofter - Section 19D of the Crofters (Scotland) Act 1993

A straightforward approval can be made if:

  • The division will not create any access issues
  • There are no concerns over the size and  quality of either croft created by the division.

(As a guideline the Commission would look for any new croft to be either: 3 hectares, with or without an associated grazing right or 1 hectare with an associated grazing right)

  • There are no concerns over the proposed use of the new crofts created by the division
  • There is no demand expressed for the tenancy
  • There have been no objections

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

 

Division by Executor (other than an application to divide the statutory dwelling house from the remainder of the croft) - Sections 9 & 10 of the Crofters (Scotland) Act 1993.

The applicant must provide evidence they are the executor of the deceased crofter either by:

  • A provision of the Will, or
  • Through a grant of confirmation by the Court.

If the applicant has not demonstrated they are the executor the application will be retuned as invalid.

A straightforward approval can be made if:

  • The landlord has not expressed any concerns over the area to be divided
  • The division will not create any access issues
  • There are no concerns over the size and quality of either crofts created by the division
  • There are no concerns over the proposed use of the new crofts created by the division

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

 

Division by executor where it relates to a bequest of the tenancy of the part of the croft comprising the site of the dwelling house to one natural person and the tenancy of the remaining part to one other such person - Sections 10(4A)a 58A(6A) of the Crofters (Scotland) Act 1993.

The deceased crofter must not have previously decrofted a statutory croft house site & garden ground.

The applicant must provide evidence they are the executor of the deceased crofter either by:

  • A provision of the Will, or
  • Through a grant of confirmation by the Court.

If the deceased crofter has previously decrofted the statutory croft house site and garden ground the application will be dealt with under the general Division Application of a tenanted croft by an executor.

If the applicant has not demonstrated they are the executor the application will be retuned as invalid.

A straightforward approval can be made if:

  • The area applied for does not exceed 0.20(ha)
  • There are no other buildings included
  • Access to the remainder of the croft is not included in the area applied for
  • The landlord has not expressed any concerns

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.

Division

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.

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 

 

 

© Crofting Commission 2020Site MapSite by Plexus.