Exchange of croft land

'Exchange' is the term used to describe the transfer of all or part of a croft tenancy from one tenant crofter to another. This must be with the landlord’s and our consent.

• There must be an exchange of land between all crofts subject to the application (croft A gives to B, and B gives to A).
• All crofts involved must have the same landlord.

Who can apply?

Joint application by the tenant crofters involved and the landlord.

Things to consider

• Only croft land and/or grazings shares can be exchanged. Non-croft land, vacant croft land, or owner-occupied croft land cannot be included.
• The areas of land exchanged do not need to be the same or similar in size.
• If either croft is sublet, the subtenant must be given 6 months' written notice before submitting the application.

How do I apply?

You must submit a completed ‘exchange of croft land’ application form jointly by each croft tenant and the landlord. 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 map of the proposed exchange in relation to the whole boundary of each croft.
• Advert copy: You must advertise the proposed exchange in a local newspaper for a 28-day public consultation period. The advert must appear no earlier than one month before and no later than two months after submission.
• Registers of Scotland application: If your croft is not 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 the application for completeness and ensure all notices and advertising requirements are met.
• Consultation: We allow 28 days for the public to submit comments or objections.
• Decision: We aim to make a decision on straightforward applications that meet all the parameters within 16 weeks. We cannot make a decision until all crofts involved are registered with the Registers of Scotland.

What happens after a decision?

We will notify applicants and any other involved parties of our decision within 21 days.

• If approved: The exchange takes effect on the date it is registered with the Registers of Scotland.
  • If registering with Registers of Scotland for the first time, applicants must notify us within 3 months that the change has taken effect.
  • If already registered, applicants must submit the Subsequent Event (Form B) within a specified timescale for the change to be recorded.
• 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

Exchange of croft land law, policy and procedure