Compulsory purchase reform in Scotland: consultation

1. Introduction

The case for reform

1.1 Compulsory purchase is a powerful tool. It can help to deliver a wide range of projects – large and small – that would not otherwise happen. This can range from bringing individual empty homes back into use and the refurbishment of vacant or derelict properties, through to the delivery of major infrastructure and town centre redevelopment schemes.

1.2 By unlocking schemes in the public interest, compulsory purchase can bring about social, economic and environmental improvements and contribute to Scotland’s National Outcomes. In doing so it can support many of the Scottish Government’s strategic plans, policies and programmes – including National Planning Framework 4, the National Transport Strategy and the Infrastructure Investment Plan, and contribute to addressing the housing emergency.

1.3 While acknowledging the potential benefits that compulsory purchase can help to secure, it must be recognised that it intrudes on people’s property rights: taking someone’s home or business is a serious step. The use of compulsory purchase powers therefore requires careful consideration and clear justification. People must be able to understand the process, have opportunities to object and compensation must be fair.

1.4 Current Scottish Government policy encourages public bodies to take a positive and proactive approach to the use of compulsory purchase powers. Despite this, the use of compulsory purchase is not particularly widespread and it is fair to suggest that it is an under-utilised tool. There are a number of reasons why compulsory purchase is not used more frequently, but one of the fundamental issues is the current legal framework.

1.5 The Scottish Law Commission carried out an extensive review between 2014 and 2016. Its 2014 Discussion Paper suggested that: “the age and complexity of the primary legislation may well discourage its use by those who would otherwise wish to initiate the process”. The Commission’s 2016 Final Report concluded that “the legislation is old, difficult to understand and does not work effectively in a modern context” and that those who the Commission consulted with: “took the view that the system, both procedurally and in relation to the award of compensation, does not operate fairly”.

1.6 So while compulsory purchase has the potential to support the Scottish Government’s ambitions across multiple policy areas, it is clear that this potential is not currently being fulfilled. The system as it exists in 2025 is not working; the positive role that compulsory purchase could play is hamstrung by a legislative framework which dates back almost 200 years. The case for reforming and modernising Scotland’s compulsory purchase system could hardly be clearer and the Scottish Government has committed to do just that. The comprehensive package of proposals contained in this consultation mark an important step towards delivering a compulsory purchase regime fit for the 21st Century.

The aims of the reform programme

1.7 The overarching aims of the compulsory purchase reform programme are set out in the boxed text below.

The Scottish Government wants compulsory purchase to fulfil its potential as a tool for delivering projects in the public interest – one that encourages authorities to make positive and proactive use of their powers, including in partnership with third parties.

The overall objective of the reform programme is to make the system simpler, more streamlined and fairer for all parties. In doing so, our aim is to move towards a system that is:

• Equitable: Compensates claimants fairly and timeously.
• Effective: Supports efficient decision-making, whilst ensuring procedural fairness, openness, and transparency.
• Easy to understand: Provides all parties with certainty and clarity about how the process works and their rights, roles and responsibilities within it.

The reform programme to date

1.8 Compulsory purchase reform is a substantial undertaking. The reform programme got underway in Spring 2024, and will be delivered over a number of years. The publication of this consultation paper represents the culmination of more than a year of policy development work and stakeholder engagement. The consultation is an important milestone and follows on from the Progress Report published in December 2024. Analysis of the consultation responses will take place over the winter of 2025-26.

1.9 Any substantive reform to compulsory purchase will involve making changes to primary legislation, which requires a Bill. Given the limited time remaining in the current Parliament, a Compulsory Purchase Bill would need to be taken forward after the Scottish Parliament election scheduled for May 2026, subject to the views of the new Scottish Ministers.

Stakeholder engagement

1.10 Compulsory purchase is of interest to a variety of different stakeholders in the public, private and third sectors. In developing the options and proposals contained in this consultation, we have engaged with a wide range of groups. We would like to thank all the people and organisations we have spoken to over the last year, for the interest they have shown in the work and for the valuable feedback provided.

1.11 As already noted, compulsory purchase is complex. To illustrate the point, the Scottish Law Commission’s Discussion Paper and Final Report ran to a combined 1,100+ pages. It is also a specialist subject which brings together various technical disciplines. In that context, we wanted to be able to draw on the knowledge of those with first-hand experience of working with the system.

1.12 That is why we established the Practitioner Advisory Group (PAG), jointly chaired by Roseanna Cunningham and the Chief Planner, Fiona Simpson. The PAG has acted as a sounding board for emerging options and a source of practical expertise and information. We are very grateful to Ms Cunningham and to all members of the PAG for the time they have generously given to the project – and for the insights and challenges they have provided.

This consultation

1.13 We acknowledge that this is a technical and comparatively lengthy consultation document. That is partly a reflection of the subject matter, its inherent complexity and the fragmented nature of the legislation. But it also reflects our determination to take forward compulsory purchase reform in a meaningful way, and to adopt a comprehensive rather than piecemeal approach.

1.14 We have endeavoured to make the consultation as straightforward to follow as possible, and to explain key terms and concepts throughout. There is a glossary of terms at the end of this paper and a high-level overview of how the compulsory purchase system works in chapter 2, which we hope are of assistance. We nevertheless recognise that some people – particularly those less familiar with compulsory purchase – may find further explanation of certain aspects of the consultation helpful. If that is the case, please do get in touch at CPO.Reform@gov.scot.

1.15 The policy development phase of the programme has been structured around five thematic ‘building blocks’, which broadly correspond to the stages of the compulsory purchase process. The same building blocks have been used to organise this consultation and the proposals we are seeking views on:

• Enabling powers (chapter 3)
• Early engagement and preliminary steps (chapter 4)
• Confirmation procedures (chapters 5 and 6)
• Implementation (chapter 7)
• Compensation (chapters 8 and 9)

1.16 Views are also sought on the draft BRIA and to support the other impact assessments being prepared alongside the consultation proposals (chapter 11).

Compulsory sale and lease orders

1.17 The Programme for Government 2023-24 contained a commitment that the Scottish Government would continue to consider the justification for, and practical operation of, compulsory sale orders. To further that consideration, some questions on compulsory sale orders (and compulsory lease orders) are included at chapter 10.

Next steps

1.18 The consultation is open until 19 December 2025, which is the deadline for comments. The feedback received will be used to inform the further development and refinement of reform proposals. As noted, any changes that would involve amending primary legislation will require to be implemented through a Bill after the next Scottish Parliament elections.

1.19 Those wishing to respond to the questions posed in this consultation paper should use Citizen Space, the Scottish Government’s online consultation portal: https://consult.gov.scot/planning-architecture/compulsory-purchase-reform/.

1.20 If you are unable to respond using Citizen Space, responses can be sent (together with a Respondent Information Form (RIF)) to CPO.Reform@gov.scot or by post. Additional information on how to respond, and how your response will be handled, is at the end of this consultation paper.