The Crofting and Scottish Land Court Bill
The Crofting and Scottish Land Court Bill was passed by the Scottish Government on 24th March 2026 and is expected to receive Royal Assent in the months following the Scottish Parliament elections in May. First introduced in the summer of 2025, the Bill seeks to merge the Scottish Land Court and the Land Tribunal for Scotland into a single, more streamlined organisation and aims to modernise and simplify crofting law.
The duties of tenant and owner-occupier crofters have been revised regarding the use of croft land by allowing crofts to be used for “environmental use.” Although the 1993 Act permitted “another purposeful use”, which could cover environmental projects the Bill establishes environmental uses as a separate category, meaning crofters will no longer need approval from the Crofting Commission, or landlords, to undertake the use of croft land for environmental purposes. This change will not only give crofters greater flexibility but will also reduce unnecessary bureaucracy, allowing the Commission to concentrate on more urgent regulatory matters.
The Bill will provide landlords the right to object to decrofting applications before a decision is made by the Crofting Commission.
The changes also introduce new restrictions on transfers of owner-occupied crofts. Owner-occupied crofts will only be allowed to pass into the hands of private individuals, with any sale or transfer to a company or partnership prohibited and deemed legally void.
Sections of the Bill modernise the process for registering crofts in the Crofting Register, the map‑based system introduced by the 2010 Act and managed by the Keeper of the Registers of Scotland. These reforms are intended to improve both the accuracy of the Register and the currently low rate of registration.
Under the existing framework, only certain triggering events require a croft to be registered. The Bill strengthens the regime by making registration mandatory where a tenant crofter purchases their croft and becomes an owner‑occupier. Registration must take place within one year, and failure to comply will constitute an offence, carrying the risk of a fine. This marks a more enforcement‑focused approach than has previously applied.
The Bill also introduces greater procedural safeguards for landlords. Tenant crofters applying to register their croft will be required to send a copy of their application to their landlord at least 14 days in advance. This will allow landlords an early opportunity to identify errors, particularly in relation to boundaries or access rights, which may help reduce subsequent disputes and challenges.
The Bill widens the scope for rectification of the Crofting Register. The Keeper may now correct minor administrative errors without formal notification, and without restarting the challenge period. More significant inaccuracies may be rectified following direction from the Commission after notice and consideration of representations, or independently by the Keeper where a clear error is identified.
If you could be affected by the proposed changes or would like guidance on how the Crofting and Scottish Land Court Bill might affect your rights and obligations, our rural law specialists are ready to provide expert advice.
Contact the team on ruralland@macandmac.co.uk or 01463 239393.