and promotes the interests of crofting in Scotland
to secure the future of crofting.
Part Croft Decrofting
What is part croft decrofting?
Decrofting is taking land out of crofting. This means that the land is no longer subject to the laws that apply to croft land.
The Crofting Commission will ususally only allow land to be decrofted using a part croft decrofting application if it is for a reasonable purpose. Some examples of reasonable purposes include:
- Building houses
- Building harbours, piers, boat shelters,
- Churches,
- Schools,
- Halls, or community centres
- Building roads
- Generating energy
- Purposes likely to provide employment for crofters and others in the locality
This list is not exhaustive, but it gives a good idea of the types of purposes that the Crofting Commission considers to be reasonable. For more information please refer to the part croft application guidance notes.
It is important to note that just because a purpose is reasonable this does not mean that the Crofting Commission will automatically approve a decrofting application. They will also consider other factors, such as the impact on the croft and the surrounding community.
Who can apply?
If you are applying to decroft part of a croft for one of the reasonable purposes as listed above, then a part croft decrofting application is the right application for you.
If you do not see the reasonable purpose you are applying to decroft for listed above, please have a look at the application form guidance notes as this list is not exhaustive.
Sometimes existing houses, which are already wind and watertight, can be decrofted as the ‘Croft House Site & Garden Ground’ please refer to this link for more information Croft House site and Garden Ground A crofter has a right to apply to decroft one existing house, as the ‘Croft House Site & Garden Ground’, and any subsequent houses would need to be decrofted using a ‘Part Croft Decrofting’ application.
If you are applying to decroft the whole of your croft, you should apply for a Whole Croft Decrofting.
The Crofting Commission uses a system with "parameters" to decide how to process decrofting applications. Parameters are criteria that the Crofting Commission has agreed on.
If an application meets all of the parameters, it is considered to be a "straightforward" application. Straightforward applications can be processed quickly by Casework Officers.
If an application does not meet all of the parameters, it is considered to be a more complex application. Complex applications are decided by more senior staff at the Crofting Commission. Complex applications may take longer for a decision to be taken.
Here are some examples of parameters for part croft decrofting applications:
- The application is for a reasonable purpose.
- The area being decrofted is less than 0.4 hectares.
- There are no other buildings on the proposed decrofting that could be used for agriculture.
- There is still sufficient access to the rest of the croft if the land is decrofted.
- No one has objected to the decrofting application.
If any of these parameters are not met, the application will be escalated and considered at by more senior staff within the Crofting Commission. For further information on our tiered delegated decision making process please visit How we decide on regulatory applications
Overall, the Crofting Commission will only approve decrofting applications if they are satisfied that the land being decrofted is a reasonable size and that the rest of the croft will still be accessible.
What you need to apply:
- Completed Part Croft Decrofting Application
- Planning Permission reference number (required for all new proposed developments)
- Detailed site map of the area being applied for as specified in the application guidance notes. Please refer to our maps page for more information.
- Registers of Scotland Crofting Registration application, if the croft is not yet registered.
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 decrofting 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 decrofting application.
- Consider the parameters when preparing your application.
- You can submit your application online or by post
Planning Permission
If you want to decroft to build something new, you need to have planning permission. Planning permission is a document that your local council gives you to say that you can build what you have planned.
The local council can give you further information on this information and will tell you if you need to apply to them for planning permission. If you do not need planning permission for what you want to build, you should ask the council to give you a letter confirming this.
If planning permission is required, you need to apply for planning permission before you apply to part decroft your croft. You can apply for planning permission online.
If you have already applied for planning permission, you must give the Crofting Commission the planning application reference number. This is a unique number that the planning department gives to your application.
The Crofting Commission cannot approve your decrofting application until you have planning permission. This is because the Crofting Commission wants to make sure that the new development is allowed before they approve your application. If you do not require planning permission then documentary evidence of should be provided alongside your application.
If you get planning permission, you must let the Crofting Commission know as soon as possible. The Crofting Commission will then start processing your decrofting application again.
If you don't get planning permission, or you do not provide written evidence that this is not required for what you want to build, the Crofting Commission will be unable to process your decrofting application.
Here is a summary of the key points:
- You need to have applied for planning permission before you can apply to decroft land or have a document from the Council to say this is not required.
- The Crofting Commission cannot approve your decrofting application until you have planning permission.
- If you get planning permission, you need to let the Crofting Commission know as soon as possible.
- If you don't get planning permission, the Crofting Commission will not approve your decrofting application.
Registers of Scotland Application
Registers of Scotland hold the Crofting Register, which is a map based register of croft land. If you are applying to decroft land, you will need to either register your croft with Registers of Scotland for the first time, or if it is already registered you will need to submit a form to update the register.
If your 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 your croft boundary. This should be submitted alongside your decrofting application. For details of how to prepare a map of your croft and the correct form please refer to the Registers of Scotland website.
If your croft is already registered, and your decrfoting application is approved, you must to submit a Subsequent Event (FORM B) application. 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. These should be submitted 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 bank transfer. The Crofting Commission will check your application and forward it to Registers of Scotland.
Here is a summary of the key points:
- You need to register your croft land with the Registers of Scotland if you are applying to decroft it.
- If your croft is not already registered, you need to submit a First Registration (FORM A) application.
- If your croft is already registered, you need to submit a Subsequent Event (FORM B) application after the decrofting is approved.
- You need to pay a fee of £90 when you submit your Registers of Scotland application.
- The Crofting Commission will forward your application to Registers of Scotland.
When you apply to decroft part of your croft, the Crofting Commission will put an advertisement in a local newspaper. This is to let people know that you want to decroft land and allow them to object if they want to.
The advertisement will say what land you are decrofting and how an objection can be made. People can object within 28 days.
If anyone objects, the Crofting Commission will look at their objection to make sure it is valid. It is generally only members of the crofting community that are entitled to object. If the objection is valid, the Crofting Commission will send you a copy of the objection so you can respond to it.
The Crofting Commission cannot make a decision on your application until after the 28-day consultation period has ended and they have considered any objections.
Here is a summary of the key points:
- The Crofting Commission will put an advertisement in a local newspaper when you apply to decroft part of your croft.
- People have 28 days to object to your application.
- If anyone objects, the Crofting Commission will look at their objection to make sure it is valid.
- The Crofting Commission cannot make a decision on your application until after the 28-day consultation period has ended and they have considered any objections.
Once the Crofting Commission have received your completed decrofting application and map, we will check to make sure that you have filled out the correct form and submitted all of the required information. If you have not submitted everything correctly, you will be made aware and will have 28 days to submit the information requested.
If your croft is already registered on the Crofting Register, once the Crofting Commission has confirmed that your decrofting application is complete and correct, it will advertise your application in a local newspaper for 28 days.For details of the approved newspapers in your area please visit Advertsing Factsheet. This gives other people the opportunity to tell the Crofting Commission if they have any objections to your decrofting application.
If your croft is not already regsitered, the Commission will not advertise your decrofting application in a local newspaper until after your first registration (FORM A) application is submitted and this has been checked to confirm it is complete and correct.
If no one objects to your application, The Crofting Commission will try to make a decision within 16 weeks. However, if your croft is not registered with the Registers of Scotland, we cannot make a decision until it is registered.
Here is a summary of the key points:
- The Crofting Commission will check your application to make sure that it is complete and correct.
- The Crofting Commission will advertise your application in a local newspaper and await 28 days to receive any comments.
- 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.
If the application is approved, the Crofting Commission will send you a document called a ‘Decrofting Direction’. This document will only take affect if certain conditions are met.
If you are a tenant crofter the Decrofting Direction will include a condition that you or someone you choose should (this person is called your nominee) buy the land that you are decrofting within 5 years. If the land is not purchased the decrofting will fall and the land will remain croft land. You must let the Crofting Commission know you have bought the land as soon as possible after it is purchased.
If you applied to register your croft on the Registers of Scotland Crofting Register because of your part croft decrofting application, the Commission will notify Registers of Scotland of the Decrofting Direction. If you own the croft land, this will be done at the same time as you are sent the Decrofting Direction. If you are the tenant, the Crofting Commission will do this once it is notified the land has been purchased within the required 5 years.
If your croft is already registered with Registers of Scotland, to update the Crofting Register to record your Decrofting Direction, you must also complete a registration application form called a "Form B" and send it to the Crofting Commission with the £90 payment. The Crofting Commission will tell you when to make the FORM B application and the timescale for doing so. It is important to send the FORM B to the Commission within the timescale. The Crofting Commission will process your FORM B application and will send this to Registers of Scotland, to tell them that this land no longer forms part of the croft.
The Decrofting Direction will take effect on the day that it is registered with Registers of Scotland. This means that the land will no longer be a croft on that day.
It is important to note that the time limits for completing the Form B and registering the Decrofting Direction are set by law, and the Crofting Commission cannot extend them.
If your application is refused, you will be informed of the reasons, and you have the option to appeal to the Scottish Land Court within 42 days. Please refer to the Appeals page for more information.
law-and-procedure-decrofting-24-2-following-notice-by-the-landlord-2022doc.pdf
law-policy-and-procedure-decrofting-whole-or-part-croft-2024.pdf
Leaflet-on-DDM-and-escalating-cases-Decrofting-CHS-and-GG-revised-Nov-2021.pdf
Planning-General-Policy-Response-for-Planning-Consultations.pdf
