Decrofting (section 17 or 18 feu)

Decrofting is taking land out of crofting, meaning it is no longer subject to crofting law. This specific application relates to house sites and garden grounds acquired by crofters between 1955 and 1976 through a 'conveyance in feu' under Section 17 or Section 18 of the Crofters (Scotland) Act 1955.

• Section 17 feus were granted to absentee crofters when their tenancy was ended.
• Section 18 feus were granted to aged crofters who gave up their tenancy.

Although this practice ended in 1976, the land remains under crofting tenure until we grant a decrofting direction.

Who can apply?

• Owners of a site conveyed by the landlord under Section 17 or Section 18 of the 1955 Act.

The original title granted by the landlord will usually reference the area being conveyed under Section 17 or Section 18 of the 1955 Act.

How to apply?

To apply, complete the ‘decrofting (section 17 or 18 feu)' 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 copy of the original title and title map granted under Section 17 or Section 18 of the 1955 Act.
• A copy of your current title deeds or land certificate (if you became the owner after the original feu was granted).
• Registers of Scotland application: You must submit a first registration (Form A) application within 6 months of the application. This Registers of Scotland application has a fee of £90. We will process and forward this application on your behalf.

The process

• Initial checks: We'll check both your decrofting and registration applications for completeness and to ensure the area matches the original feu.
• Decision: If both applications are complete, we will try to make a decision on your decrofting application within 16 weeks. We cannot make a decision until the land is registered with the Registers of Scotland.

What happens after a decision?

• A decrofting direction will be prepared and sent to you. We will notify the Registers of Scotland of the decrofting direction at the same time to ensure it is recorded on the crofting register.
• The decrofting direction takes effect on the day we notify Registers of Scotland, and the land is no longer subject to crofting law from that date.
• We are legally required to advertise all decrofting directions in a local newspaper.