and promotes the interests of crofting in Scotland
to secure the future of crofting.
Croft Division Application
‘Division’ is the term used to describe the creation of two or more crofts from an existing croft. A tenant will usually apply to divide their croft, so that one or more of the units can be (a) separately assigned or (b) renounced and let with the consent of the Commission , to another individual. An owner-occupier crofter needs to first apply for Commission consent to divide their croft before they can sell a part of it.
Who can apply?
- This application type should be used by tenants or owner-occupier crofters who want to divide their croft to create two or more new crofts. There is a separate application form for each applicant type
- If you would like to divide the grazings share only, and not any croft land, then please use the ‘Division of Grazing Shares’ application form.
- Land decrofted on condition that Title is obtained to the site within 5 years, remains part of the croft until the purchase is complete, and the decrofting Direction has taken effect . Therefore, if the purchase condition on any decrofting Direction has not yet been fulfilled, the land concerned will be included in any Division that is approved by the Commission. You may wish to wait until the decrofted area is purchased, before applying to divide the croft, unless you want this to also be included in any proposed division
- If the croft is currently sublet, you must give your subtenant 6 months’ written notice of your intention to divide the croft, before submitting your application
- It is not possible for the owner of a vacant croft (this is a croft without a tenant) or a landlord to apply to divide a croft.
- If you are the croft tenant, you may want to consider agreeing the names and annual rents for each of the new crofts to be created by the division, before you apply. There is a section in the application form to record this information, once it has been agreed with your landlord. If you do not agree the names and annual rents for the new crofts before you apply to divide your croft, we will need confirmation of this before the division can be recorded.
The Crofting Commission uses a set of criteria for application types, which are referred to as ‘parameters.’ The parameters determine how the decision on the application is taken. If the application meets the parameters, and no objections have been received, the decision to approve the application is made as a straightforward approval (known as Tier 1 approval). These types of decisions are reached the most quickly.
Here are some examples of parameters for ‘Division of Croft’ applications:
Here are some examples of parameters for Division of Croft applications:
- The division will not create any access issues for any of the proposed new crofts or to other croft or common grazings land
- There are no concerns over the size and quality of any croft created by the division
- (As a guideline the Commission would look for any new croft to be either: 3 hectares, with or without an associated grazings right, or 1 hectare with an associated grazings right)
- No demand has been expressed for the tenancy of the croft that is to be divided
- There have been no objections to the application, including from the landlord, if the croft is tenanted.
If an application does not meet all the parameters, it is considered to be a more complex application. Complex applications are considered and decided by more senior staff within the Crofting Commission and may take longer to process and for a decision to be taken. How we decide on regulatory applications
What you need to apply:
- A completed ‘Division of Croft Land’ application form
- A map of the proposed division in relation to the whole croft boundary. The map must show all existing access routes to the croft, as well as any proposed access provision. See the page on Maps for more information.
- The application to divide the croft must be advertised in a local newspaper, allowing 28 days for comments to be sent to the Crofting Commission. A sample advert is provided in the application form and guidance. The advert should appear no earlier than 1 month before the submission of the application, and no later than 2 months after the submission of the application. To find an approved local paper in your area, please visit our advertising factsheet
- If you are the croft tenant, you must give your croft landlord(s) written notification of the Division application
- Where the proposed division includes grazings share(s) orgrazings rights, you are legally required to notify the owner(s) of the common grazings of your application.
- A completed Registers of Scotland Crofting Register application form (more info below on the steps to do this depending on whether the croft is already registered with Registers of Scotland, or not).
Application form
It is important to read the guidance notes fully before and as you complete the application form. These notes will tell you what information you need to include in your application and what other documents you need to submit.
It is also important to consider the decision parameters when preparing your application.
If the application doesn’t meet the parameters, if objections are received, if there is any inconsistencies between the application and the Register of Crofts, or if the application is not completed correctly it will take longer to decide your application.
You can submit your application online or by post. To find the correct form you need, please refer to the form finder.
Here is a summary of the key points:
- Read the guidance notes before you fill out your application.
- Consider the parameters when preparing your application.
- You can submit your application online or by post
Registers of Scotland Application
The Registers of Scotland (RoS) holds the Crofting Register, which is a map-based register of croft and common grazings land. If you are applying to divide a croft, you will need to either register the croft with the Registers of Scotland for the first time, or if the croft is already registered, you will need to submit a form to update the Register, if your division application is approved.
If the croft is not already registered, you need to submit a ‘First Registration (FORM A)’ application. In this application you will need to provide a map of the croft boundary. This should be ideally submitted at the same time as your ‘Division application’ form. For details of how to prepare a map of the croft, and the correct form, please refer to the Registers of Scotland website .
If the croft is already registered, and the ‘Division application’ is approved, you will need to submit a ‘Subsequent Event (FORM B)’ application within a specified timescale. Information about this will be included in the letter you receive from the Crofting Commission, notifying you that your application is approved.
You should submit your ‘First Registration (FORM A)’ or ‘Subsequent Event (FORM B)’ application to the Crofting Commission by post. You need to pay a fee of £90 when you submit your application. This can be paid by a cheque made out to the Crofting Commission, or by bank transfer. The Crofting Commission will check and process your registration application and will forward it to the Registers of Scotland.
Here is a summary of the key points
- You need to register the whole of the croft with the Registers of Scotland if you are applying to divide a croft and it is not already registered on the Crofting Register. If the croft is not already registered, you need to submit a ‘First Registration (FORM A)’ application, ideally at the same time as your ‘Division application’
- If the croft is already registered on the Registers of Scotland Crofting Register, you will need to submit a ‘Subsequent Event (FORM B)’ application, within a specified timescale if your ‘Division application’ is approved
- Each Registers of Scotland application has a fee of £90, payable by cheque or bank transfer.
- The Crofting Commission will process and forward your registration application to Registers of Scotland.
Once the Crofting Commission has received your completed ‘division application’ and map, we will check to make sure that you have completed the correct form and submitted all the required information. If you have not submitted everything correctly, you will be made aware and will have a specified amount of time to submit the information requested.
After the 28-day public notification period has passed, the Crofting Commission will consider any correspondence it has received about your ‘Division application’. This is to establish if the person is entitled to object or otherwise has a relevant interest in your application. Any rejected submissions will be returned or destroyed. We will let you know if there are any valid objections or submissions supporting your division application, and you will be able to reply to the Crofting Commission about these. The Crofting Commission will also consider if it is necessary to undertake any further investigation before making a decision on your division application. This may include a report being prepared by the ‘Scottish Government Rural Payments and Inspections Directorate’ (SGRPID) office situated in the locality of the croft.
If the croft is already registered with the Keeper of the Registers of Scotland on the Crofting Register and your application meets the parameters, the Crofting Commission will be able to make a decision more quickly, and in these circumstances, we aim to take a decision within 16 weeks. If the application does not meet the decision parameters, it will take longer to be processed and decided. Please refer to ‘How decisions are taken on applications"
Here is a summary of the key points:
- The Crofting Commission will check your application to make sure that it is complete and correct.
- If no one objects to your application, the Crofting Commission will try to make a decision within 16 weeks.
- The Crofting Commission cannot make a decision on your application if your croft is not registered with the Registers of Scotland.
The Crofting Commission must decide the application by:
(i) granting it
(ii) granting it, subject to conditions, or
(iii) refusing it.
The Crofting Commission will notify the applicant, and any other involved parties (eg the landlord, any objectors), of its decision by recorded delivery post, within 21 days of the decision being taken, specifying the reasons for its decision.
If a ‘Division of Croft’ application is granted for a croft that was registered for the first time because of the division application, once the Commission has written confirmation of the names, and annual rents for each of the new crofts (this must be agreed by the croft landlord if the croft is tenanted), it will notify the Keeper of the Registers of Scotland of the change so that it can be recorded in the Crofting Register. The division takes effect on the date the Keeper receives the notification from the Commission.
If the croft is already registered on the Crofting Register and your ‘Croft Division’ application is approved, you need to submit a ‘Subsequent Event (FORM B)’ application within a specified timescale. Information about this will be included in the letter you receive from the Crofting Commission notifying you that your application is approved. The Division takes effect on the date it is registered with on the Registers of Scotland Crofting Register.
You (and any other involved party to the application) will have the option to appeal the Crofting Commission’s decision or determination of the application to the Scottish Land Court within 42 days from the date of the decision letter. Please refer to the Appeals page for more information.
Appendix-1-Notification-to-Landlord.pdf
Appendix-2-Croft-Name-and-Rental-Agreement.pdf
Sample-Division-Newspaper-Advert-OOC.pdf
Sample-Division-Newspaper-Advert-Tenant.pdf
law-policy-and-procedure-division-of-a-tenanted-croft-2024.pdf
law-policy-and-procedure-division-of-an-owner-occupied-croft-2024.pdf
