agus ag adhartachadh mathas croitearachd ann an Alba
gus croitearachd a dhèanamh tèarainte san àm ri teachd.
Landlord Involvement in Regulatory Applications
The way a landlord is officially notified about an application to the Crofting Commission, such as a decrofting or assignation, on their land varies depending on the application type. This is to make the landlord aware of the application and give them an opportunity to comment. For information on the factors a landlord may consider in relation to each of the application types below please visit the relevant section of the 1993 Act as listed below.
This should be read alongside the current Commission Policy Plan. To be considered, Landlords responses to an application should relate to the factors relevant to that specific application type.
In some application types a landlord will be notified directly in writing by the applicant whereas with others it may be that the application is advertised locally. A list of approved local newspapers in your area can be found here. factsheet-advertising-200416.pdf (scotland.gov.uk)
Please note that the majority of applications and notifications received to the Commission are listed, by parish on the Commission by website which is updated daily Applications and Notifications Received | Crofting Commission (scotland.gov.uk)
Assignation is the term used to describe the transfer of a croft tenancy and/or grazing share. (This does not involve a change in the ownership of the croft land.)
How are Landlords notified? Written notification of application from applicant. The application will also be advertised in a newspaper circulating in the district in which the croft or the common grazings is situated.
Relevant section of the 1993 Act - 8 Assignation of croft & 58A Obtaining Commission approval or consent
Landlord input - Landlords can provide comment within the 28-day timeframe on the application for the Commissions consideration.
This is an application to remove an existing wind and watertight house from crofting tenure.
How are Landlords notified? Signed Notice including a map from the applicant.
Relevant section of the 1993 Act - Section 24(3) Decrofting in case of resumption or vacancy of croft & 25 (1)(b) Provisions supplementary to section 24(3)
Landlord input - Landlords can provide comment within the 28-day timeframe on the application for the Commissions consideration.
It is important to note that if a tenant crofter does not acquire/purchase the area for which a decrofting direction has been issued within 5 years of the direction then it falls and the land remains under crofting tenure.
This is an application for a Tenant Crofter to remove part or the whole of a croft from crofting tenure
How are Landlords notified? Advertised by the Crofting Commission in a local newpaper.
Relevant section of the 1993 Act - Sections 24(3) Decrofting in case of resumption or vacancy of croft, 25(1)(a) Provisions supplementary to section 24(3) and 25(4) Provisions supplementary to section 24(3)
Landlord input - Landlords can provide comment within the 28-day timeframe on the application for the Commissions consideration.
It is important to note that if a tenant crofter does not acquire/purchase the area for which a decrofting direction has been issued within 5 years of the direction then it falls and the land remains under crofting tenure.
This is an application for a Tenant Crofter to divide the croft or share into two or more crofts or shares.
How are Landlords notified? Written notification of application from applicant. The application will also be advertised in a newspaper circulating in the district in which the croft or the common grazings is situated.
Relevant section of the 1993 Act - 9 Croft Division & 58A Obtaining Commission approval or consent
Landlord input - Landlords can provide comment within the 28-day timeframe on the application for the Commissions consideration.
This is an application to add non-croft land to an existing croft.
Relevant section of the 1993 Act - Section 4 – Enlargement of Crofts
Landlord input - Landlords can provide comment within the 28-day timeframe on the application for the Commissions consideration.
This application is to exchange of croft land between crofts with the same Landlord.
How are Landlords notified? Written notification of application from applicant seeking consent.
Relevant section of the 1993 Act - 4a Exchange of crofts or part of crofts.
Landlord input - This application requires the consent of the Landlord before it can progress.
This is an application for a tenant Crofter to allow someone to utilise their croft and or grazing share for a set period of time
How are Landlords notified? Written notification of application from applicant. The application will also be advertised in a newspaper circulating in the district in which the croft or the common grazings is situated.
Relevant section of the 1993 Act - Section 27 Subletting of Crofts & 58A Obtaining Commission approval or consent
Landlord input - Landlords can provide comment within the 28-day timeframe on the application for the Commissions consideration.
