Community right to buy

Community right to buy allows communities in Scotland to apply to register an interest in land and the opportunity to buy that land when it comes up for sale.

How to form a community body

We have produced the following templates and guidance on how to form a community body compliant with the Land Reform (Scotland) Act 2003, and how to apply to register an interest:

We have also produced the following information leaflets to provide brief overviews of the process involved:

We also offer direct assistance to community groups wishing to acquire land, as well as owners and interested third parties. We can look over draft applications and provide additional guidance on anything related to the right to buy process.

We have produced a community mapping tool, which can assist communities to define their communities, as required by the legislation. We have also published community mapping tool guidance.

Apply to register an interest

A community body wishing to apply to register an interest under Community Right to Buy is required to complete a community right to buy application form

Completed application forms, including maps and supporting documentation, should be sent to:

Community Land Team
D Spur
Saughton House
Broomhouse Drive
Edinburgh
EH11 3XD

Or email CRTB@gov.scot

Registration process

After an application has been submitted to Scottish Ministers and passed initial checks to ensure compliance, we forward it to the landowner and any heritable creditor for their comments. A temporary Prohibition is placed on the landowner or creditor preventing them from taking steps to transfer or dispose of the land. Ministers will consider any comments submitted when deciding whether to approve or reject the application.

If the application is approved, the registration will remain over the land for five years with the chance to re-register that interest every five years on a rolling basis.

Re-registration

An application can be extended by a further five years by applying to ministers to re-register interest within six months of the expiry date. The process is explained further in the community right to buy guidance.

Register of Community Interest in Land

The Land Reform (Scotland) Act 2003 stipulated that the Keeper of the Registers of Scotland (RoS) should set up and maintain a Register of Community Interests in Land (RCIL).

The RCIL allows anyone to see all community body applications, their supporting documents and their status. Some documents may not be included on the RCIL due to data protection laws, but can be requested from the Community Land Team.

Right to buy process

The right to buy can only be activated when the landowner has indicated that the registered land is to be transferred, or when the provisions of the Act are breached.

If the right to buy is activated and the community body decides to proceed, we take the group through the right to buy process. As part of this, ministers will appoint and pay for an independent valuer to determine the market value of the land.

Following the valuation, ministers will appoint and pay for a ballotter to ballot the defined community. The results will form part of the right to buy application, along with any evidence provided to support the proposals, such as a business plan or feasibility study.

Should ministers give consent to proceed with the right to buy, the community body will have eight months from the date they confirmed they wished to proceed (or longer if agreed between both parties) to conclude the transfer of the land.