Community Rights to Buy
The rights for communities to buy land were first introduced in the Land Reform (Scotland) Act 2003. It was then amended and expanded in the Community Empowerment (Scotland) Act 2015 and the Land Reform (Scotland) Act 2016.
These all give rights to compliant community bodies to either register an interest in and buy land, or by purchasing it with a compulsory right.
One of the objectives of land reform is to remove the land-based barriers to the sustainable development of communities. This can be encouraged in a couple of ways. We can look to increase the diversity in the way land is owned. We can increase community involvement in the way that land is owned and used.
There are four separate rights to buy.
Community Right to Buy
The Community Right to Buy allows communities across Scotland to apply to register a community interest in land or buildings, and to be given the first right of refusal should the landowner decide to put the land up for sale.
It provides pro-active communities, who have identified a need within their community for an area of land or a building and have successfully registered an interest on that land or building, with the first option to buy that asset.
Crofting Community Right to Buy
The Crofting Community Right to Buy gives crofting communities the right to acquire and control the croft land where they live and work, and to acquire the interest of the tenant in tenanted land (interposed lease).
It is a right which can be exercised at any time, and it is a compulsory purchase, i.e. a successful application results in the land being acquired compulsorily.
Community Right to Buy Abandoned, Neglected or Detrimental Land
The Community Right to Buy Abandoned, Neglected or Detrimental Land allows communities across Scotland to apply to Scottish Ministers for consent to exercise a compulsory purchase of land or a building, which is wholly or mainly abandoned or neglected, or where the use or management of the land is causing harm to the environmental wellbeing of the community.
Right to Buy Land to Further Sustainable Development
The Right to Buy Land to Further Sustainable Development allows communities across Scotland to apply to compulsorily purchase land or buildings for the purposes of furthering the achievement of sustainable development.
Guidance
We have developed guidance for community bodies (as well as landowners) that will make the processes clearer and help you through the various forms and templates.
Any comments or questions on the guidance can be sent to crtb@gov.scot.