agus ag adhartachadh mathas croitearachd ann an Alba
gus croitearachd a dhèanamh tèarainte san àm ri teachd.
Whole Croft Decrofting
What is whole croft decrofting?
A ‘Whole Croft Decrofting’ removes all the land from a croft, so it is no longer subject to the laws that apply to crofting land.
The Crofting Commission will typically only allow land to be decrofted using a ‘Whole Croft Decrofting’ application if it is for a ‘reasonable purpose’. Some examples of reasonable purposes include:
• Building a dwellinghouse
• Harbours, piers, boat shelters
• Churches, or other places of worship
• Schools
• Halls or community centres
• Roads
• Generation of energy
• Purposes likely to provide employment for crofters, and others, in the locality.
This list is not exhaustive, but it gives an idea of the types of purposes that the Crofting Commission considers to be reasonable. For more information, please refer to the application guidance notes.
It is important to note that just because a purpose is reasonable, it does not mean that the Crofting Commission will automatically approve a decrofting application. The Commission will also consider other factors, including; access to other crofts or common grazing land, and the impact on the surrounding community.
Who can apply?
If you are applying to decroft the whole of your croft, this is the right application.
If you are applying to decroft part of a croft for one of the reasonable purposes as listed above, then you should complete a ‘Part Croft Decrofting’ application form.
If you are unsure, please refer to the application form guidance notes for more information about whether this is the right application form to use or contact us directly.
The Commission uses a set of criteria for each application type, 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 case (known as Tier 1). These types of decisions are reached the most quickly.
Here are some examples of parameters for whole croft decrofting applications:
• The application is for a reasonable purpose
• The area being decrofted is for 0.4 hectares or less.
• There are no buildings on the proposed decrofting that are or could be used for agriculture
• There is still sufficient access to other crofts or common grazing land
• In the case of an application by a tenant, there have been no negative submissions from the landlord
• No one has objected to the decrofting application
• No one has expressed demand for the croft tenancy if it were to become available for let .
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 it may take longer for a decision to be taken. For further information on our tiered decision-making process please visit ‘how decisions are made on applications’.
What you need to apply:
• A completed Whole Croft Decrofting application form
• A detailed map of the area being applied for as specified in the application guidance notes. Also refer to the application maps page
• A copy of Planning Permission (either full or in principle)
- or the planning reference number (if planning permission has been applied for but not yet obtained)
- or a letter/email from the Planning Department to confirm planning permission is not needed (one of the above is required for all proposed new developments)
• A Registers of Scotland ‘First Registration (Form A)’ application, if the croft is not yet registered on the Crofting Register.
Application form
It is important to read the guidance notes 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.
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 may need to have planning permission. Planning permission is a document that the local authority issues to confirm that you can build what you have planned. Your local authority will give information about the planning process, and will confirm if planning permission is required or not. If planning permission is not needed for what you want to build, then the local authority should give you a letter confirming this.
If planning permission is required, this must be applied for before you apply to decroft your whole croft. Planning permission is applied for online.
If you have applied for planning permission, but your planning application has not been decided, please provide the planning application reference number.
The Crofting Commission cannot decide your decrofting application until you have planning permission. The Crofting Commission needs to know that the new development is permitted before deciding on your application. If the local authority informs you that an application for planning permission is not required, you must send a copy of that letter to the Crofting Commission, with your decrofting application.
If planning permission is granted, please let the Crofting Commission know as soon as possible. The Crofting Commission will then resume processing your decrofting application.
If you have not applied for planning permission, or you do not provide written evidence that planning permission 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 must have applied for planning permission before you can decroft your land or provide a letter from the local authority stating planning permission is not required
• The Crofting Commission cannot decide your Decrofting application until you have planning permission
• If planning permission is granted, you must inform the Crofting Commission as soon as possible.
• If planning permission is refused, the Crofting Commission cannot continue to process your decrofting application.
Registers of Scotland Application
The ‘Registers of Scotland’ hold the ‘Crofting Register’ which is a map-based register of croft land. If you are applying to decroft land, your croft must first be registered with the Registers of Scotland.
If your croft is not registered, you need to submit a ‘First Registration (FORM A)’ application. In this application you must provide a map of the croft boundary. For details of how to prepare a map of the croft, and the correct form to use, please refer to the
If your croft is already registered, and your decrofting application is approved, you must submit a ‘Subsequent Event (FORM B)’ application. Information about this will be included in the decision letter, from the Crofting Commission, notifying you that your application is approved.
The ‘First Registration (FORM A)’ application must be submitted to the Crofting Commission. The form can be sent by post . A fee of £90 must included with your application. The fee can be paid by a cheque made out to the ‘Crofting Commission’ or by bank transfer. The Crofting Commission will check your application and forward it to Registers of Scotland. Your decrofting application will be processed, and decided more quickly, if you send this to us at the same time as you apply to decroft. The registration application must be submitted within 6 months of your decrofting application being received, or it cannot be processed by the Crofting Commission.
Here is a summary of the key points:
- Your croft must be registered with the Registers of Scotland, if you are applying to decroft it
- If your croft is not already registered, you must submit a ‘First Registration (FORM A)’ application
- If your croft is already registered, and your decrofting is approved, you must submit a ‘Subsequent Event (FORM B)’ application, within a specified timescale. The approval decision letter will tell you what you need to do next, to register the decrofting of the land on the Registers of Scotland Crofting Register
- A fee of £90 is payable when you submit your Registers of Scotland application
- The Crofting Commission will process and forward your registration application to Registers of Scotland.
When you apply to decroft your whole croft, the Crofting Commission will put an advertisement in a local newspaper. This is to let people know that you want to decroft the whole croft and allow them to comment or object.
The advertisement will say what land you are decrofting, and how a comment or objection can be made. People can comment within 28 days of the advert appearing in the newspaper.
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 or the landlord who 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 it has 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 your whole 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 has received your completed decrofting application and map, it will check to make sure that you have completed the correct form and submitted 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, the Commission will advertise it in a local newspaper. For details of the approved newspapers in your area please visit our advertising factsheet.
This gives other people the opportunity to tell the Crofting Commission if they have any comments or objections to your decrofting application.
You may need to also apply to register your croft on the Registers of Scotland Crofting Register because of your decrofting application. If so, 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 decrofting application, and it meets the parameters for straightforward decision, 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 decrofting and registration application forms to make sure they are complete and correct
• The Crofting Commission will advertise your decrofting application in a local newspaper, allowing 28 days for comments
• If no one objects to your application, and the application meets the decision parameters, 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 will notify you and any other involved parties (including the landlord if you are the tenant of a croft) of its decision by recorded delivery post, explaining why the decision was reached.
If the application is approved, the Crofting Commission will send you a document called a ‘Decrofting Direction’. This document will only take effect, and the land no longer form part of your croft, if certain conditions are met.
Details of the Decrofting Direction that is issued will also be advertised by the Commission in a newspaper circulating in the local area.
If you are a tenant crofter, the Decrofting Direction will include a condition that you or someone you choose (this person is called your nominee) needs to buy the land, that you are decrofting from your landlord, within 5 years of the date of the Direction. If the land is not purchased within 5 years, the decrofting will fall, and the land will remain croft land. You should let the Crofting Commission know you have purchased 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 ‘Whole Croft Decrofting’ application, the Commission will notify Registers of Scotland of the Decrofting Direction. If you own the croft land, we will do this at the same time that we send you 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 the Registers of Scotland, in order to update the Crofting Register to record your Decrofting Direction, you must complete a registration application form called a ‘Subsequent Event Application (FORM B),’ and send it to the Crofting Commission with the £90 fee payment. The Crofting Commission will process your ‘FORM B’ application and will send this to the Registers of Scotland to inform them that this land no longer forms part of the croft. The Crofting Commission will tell you when you need to make the ‘FORM B’ application, and the timescale for sending this form to them. It is important to send the ‘FORM B’ application to the Commission within the time that it tells you to do so .
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.
The Decrofting Direction will take effect on the day that it is registered with the Registers of Scotland. This means that it will no longer be croft land on that day. 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
