agus ag adhartachadh mathas croitearachd ann an Alba
gus croitearachd a dhèanamh tèarainte san àm ri teachd.
Division of the Tenancy of a Grazing Share(s)
Division of a tenanted grazing share is the term used to describe the creation of two or more shares from an existing croft grazing share. This is usually so that one or more of the shares can be (a) separately assigned or (b) renounced and let with the consent of the Commission, to another individual.
Who can apply?
- If you would like to divide both the croft and grazing share, please use the Division of a Croft application.
- If the grazings share is currently sublet, you must give your subtenant 6 months’ written notice of your intention to divide the tenancy of the share(s) before submitting the application.
- We strongly advise you to confirm your share/souming entitlement with your local Grazings Clerk, or with the Commission before submitting your division application. If our records do not match the information you provide, the application may be returned to you.
- Any Crofter Forestry rights will be divided in proportion to the division of the share/souming.
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 Tenanted Grazing Share applications:
- The division will not create any access issues
- There are no concerns over the proposed use of the new share created by the division
- There is no demand expressed for the tenancy
- There have been no objections to the application.
- The landlord has not expressed any concerns over the proposed divsion
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. For further information please visit How we decide on regulatory applications.
What you need to apply:
- A completed Division of the Tenancy of a Grazing Share application form.
- You must advertise your application to divide the share in a local newspaper allowing 28 days for comments to be sent to the Crofting Commission. 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.
- You must have given the croft landlord(s)/owner(s) of the common grazings written notification of the Division 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
Registers of Scotland hold the Crofting Register, which is a map based register of croft and common grazings land. If you are applying to divide a grazing share, the registration requirements will depend upon whether the share forms part of a larger tenanted croft or if it is a separate croft comprising solely of the grazings shares (which is deemed to be a croft held in tenancy by you in terms of section 3(5)(a) of the Crofters (Scotland) Act 1993). It will also depend on whether or not the common grazings is already registered on the Registers of Scotland (RoS) Crofting Register.
You will need to either register the croft with Registers of Scotland for the first time, or if the croft or common grazings is already registered you will need to submit a form to update the register.
1. The grazings share forms part of a larger tenanted croft -
(a) 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 your croft boundary and list all the common grazings in which your croft shares. This should ideally be submitted at the same time as your application to divide the share. For details of how to prepare a map and the correct form, please refer to the Registers of Scotland website.
(b) If the croft is already registered and if your 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 decision letter sent to you by the Crofting Commission if your application is granted.
2. The grazings share is a separate croft –
(a) If the common grazings is not already registered, you need to submit a First Registration (FORM A) application. In this application you will need to submit a map showing all or part of the common grazings with an ‘X’ to plot the general location of the share (deemed to be a croft). For details of how to prepare a map and the correct form, please refer to the Registers of Scotland website.
(b) If the common grazings is already registered, if your 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 decision letter sent to you by the Crofting Commission if your application is granted.
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 application and will forward it to Registers of Scotland.
Here is a summary of the key points
- You may need to register the croft land or the grazings share with the Registers of Scotland if you are applying to divide a grazing share. Which registration form you need to submit depends on whether the grazings share is part of a larger tenanted croft or if it is a separate croft. It will also depend upon whether the common grazings is already registered on the Registers of Scotland Crofting Register.
- 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 have received your completed application, 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 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 any 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 and/or common grazings.
If the croft or common grazings is already registered with the Keeper of the Registers of Scotland on the Crofting Register and if your application meets the decision parameters, the Crofting Commission will be able to make a decision more quickly and, in these circumstances, we aim to take a decision on your application 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 for more information.
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 your Division of Tenanted Grazing Share application by -
(i) granting it,
(ii) granting it subject to conditions, or
(iii) refusing it.
The Commission will give notify the applicant and other involved parties (eg the landlord, the Grazings Committee and 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 application is granted for a croft or grazings share (deemed to be a separate croft) that was registered for the first time because of the division application, the Commission 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 Division of Tenanted Grazing Share application is granted for a croft that is already registered, or if the common grazings is already registered, you must submit a Subsequent Event (FORM B) application to the Commission for forwarding on to the Keeper of the Registers of Scotland within a specified timescale. Information about this will be included in the letter you receive from the Crofting Commission notifying you that your division application is approved. The Division takes effect on the date it is registered 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
