Crofting Commission Issues Important Guidance to Solicitors and Agents on Croft Sales

14/10/2025

The Crofting Commission has today announced it is sending new, important correspondence to solicitors and estate agents across Scotland. The correspondence is designed to ensure that those acting for the sale of a croft or croft tenancy are fully aware of the legal duties and obligations that come with owning a croft.

The letter outlines the key responsibilities of a crofter, including the legal duties to be "ordinarily resident" on or near the croft and to "make purposeful use" of it. It also highlights the offence of failing to return the annual notice, which requires crofters to confirm they are complying with their duties. The Commission stresses that potential purchasers should be made aware of these obligations before buying.

The guidance is being issued as the Commission becomes more proactive in its duties enforcement, including increasing investigations and croft visits to check for compliance. The correspondence recommends that solicitors and agents check the Commission's Register of Crofts to confirm a croft's status and includes a suggested paragraph for sales particulars to ensure clarity for prospective buyers.

"It is critical that anyone involved in the sale or purchase of a croft fully understands the responsibilities involved," said Andrew Thin, Chair of the Crofting Commission. "We are committed to protecting our crofting communities and the integrity of crofting law, and this proactive step is about ensuring that those who advise buyers and sellers are fully equipped with the information they need to do so responsibly. This will help ensure new crofters are fully aware of their obligations from the outset, which is beneficial for everyone involved."

The Crofting Commission encourages all solicitors and estate agents to review the correspondence carefully and to use the resources provided to them.