and promotes the interests of crofting in Scotland
to secure the future of crofting.
Enlargement of Tenanted Croft
‘Enlargement of a croft’ is the term used where the owner of land, which is neither a croft, part of a croft or part of a common grazings, agrees to grant tenancy of the non-croft land to a crofter, so that it becomes part of that croft tenancy.
Who can apply?
This is a joint application by the croft tenant and the owner of the non-croft land which is to be added to the croft.
- If you are a landowner who would like to grant a croft tenancy over land that you own, which is not already a croft, part of a croft, or part of a common grazing, to a crofter this is the correct application form for you.
- If you want to grant a tenancy over all or part of a vacant croft, as an enlargement to another croft, this should be done by an ‘Application for Commission Consent to Let a Croft Tenancy (Whole or Part)’.
- The croft to be enlarged, with non-croft land, must be tenanted
- If you are not the landlord of the tenanted croft that you are applying to enlarge with non-croft land in your ownership, we recommend that you notify the croft landlord of your proposals
- You cannot be both the owner of the non-croft land, and the tenant of the croft that is to be enlarged
- If the proposed enlargement will result in the croft substantially exceeding 30 hectares in size
- If the proposed enlargement will be of benefit to the croft or/or to the crofter.
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 Enlargement of Croft Land applications:
- The enlargement will be of benefit to the croft
- The enlargement will be of benefit to the crofter
- The enlargement will not create any access issues
- The tenant is complying with their statutory crofting duties
- The area of the enlarged croft will be less than 30 hectares.
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 decisions are made on applications.
What you need to apply:
- A completed ‘Enlargement of Tenanted Croft Land’ application form
- A map showing the area(s) on non-croft land that you want to enlarge the tenanted croft with, in relation to the croft boundaries. See map guidance and example map for more information
- 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 enlargement of croft land 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 enlarge a tenanted croft with an area of non-croft land, the croft tenant will need to either register the croft with Registers of Scotland for the first time. If the croft is already registered, the croft tenant will need to submit a form to update the register, if your enlargement application is approved.
If the croft is not already registered, you must complete a ‘First Registration’ (FORM A) application. In this application the croft tenant will need to provide a map of their croft boundary. This should be submitted along with your enlargement application. 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 that is to be enlarged is already registered on the Crofting Register, and your application is approved, the croft tenant will need 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 can 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 by bank transfer. The Crofting Commission will check and process your application, and forward it to Registers of Scotland.
Here is a summary of the key points:
Here is a summary of the key points
- The croft tenant will need to register their croft with the Registers of Scotland if you are applying for a croft enlargement and the croft is not already registered. If the croft is not already registered, you need to submit a ‘First Registration (FORM A)’ application to the Crofting Commission, ideally at the same time as your enlargement application
- If the croft to be enlarged is already registered, the croft tenant needs to submit a Subsequent Event (FORM B) application if your enlargement application is approved
- Each Registers of Scotland application has a fee of £90 payable by check or back transfer
- The Crofting Commission will process and forward your application to Registers of Scotland.
Once the Crofting Commission has received your completed ‘Croft Enlargement’ application formand map(s), 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.
The Crofting Commission will also consider whether it is necessary to undertake any further investigation before making a decision on your application. This may involve 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 registered with the Keeper of the Registers of Scotland, and your enlargement application meets the decision parameters, the Crofting Commission will be able to decide your application more quickly. We would aim to take a decision within 16 weeks for straightforward applications where there are no objections, and no further investigation is required. We will let you know if the croft landlord has objected to or made submissions supporting your enlargement application, and both you and the croft tenant will be able to reply to the Crofting Commission about these.
If your croft is not registered, the Crofting Commission cannot make a decision on your application until it is registered with Registers of Scotland. If your application does not meet the decision parameters or if the landlord of the tenanted croft has submitted an objection to the Crofting Commission, it will take longer to process and decide. Please refer to ‘How your application is processed’ 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.
- The Crofting Commission will try to make a decision within 16 weeks in straightforward cases.
- The Crofting Commission cannot make a decision on your application if your croft is not registered with the Registers of Scotland.
The Commission may either grant or refuse to grant a direction that the non-croft land is to form part of the tenanted croft.
Both applicants and the landlord of the tenanted croft will be notified of the Crofting Commission’s decision by recorded delivery post within 21 days of the decision being taken, specifying the reasons for its decision.
If a ‘Croft Enlargement Direction’ is granted for a croft that is being registered for the first time, the crofter must notify the Commission within 3 months of the Direction being granted that the change has taken effect, and then the Commission will notify the Keepers of the Registers of Scotland of the change. The Enlargement takes effect on the date provided by the crofter on a ‘Notification Form’ to the Commission, which is sent out to the applicants with the decision letters.
If your croft is already registered and your ‘Croft Enlargement’ 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 Enlargement takes effect on the date of its registration with Registers of Scotland.
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.
