Create a new croft

The Crofting Commission can constitute land as a croft if it's in the public interest and would have social and economic benefits. This applies to land in the crofting counties and other areas designated by the Scottish Ministers.

The crofting counties are:

• Highland
• Western Isles
• Orkney
• Shetland
• Moray
• Parts of Argyll and Bute
• Parts of North Ayrshire

Who can apply?

• The owner of land in the crofting counties or a designated area.
• A tenant of a holding outside the crofting counties, provided you have a certificate from the Scottish Land Court and meet other conditions.

Getting approval quickly

We use a set of simple rules called 'parameters' to assess your application to create a new croft. If your application meets every parameter, and no one objects, we can approve it more quickly.

Check list

Your application must meet all these points for a quick decision:

• Size and quality: The land must be of suitable quality and size (guideline: at least 3 hectares).
• Access: The new croft must not create access issues for itself or any other croft/common grazings land.
• Benefits: The creation of the croft must demonstrate social, economic, or public interest benefits.
• Residency: If the applicant is the tenant, they must live within 32 km of the croft.
• Objections: There must be no objections to the application.

If your application does not meet all the simple rules, it will take longer as these more complex applications are decided by more senior staff.

How to apply

To apply, you'll need to complete the 'create a new croft' application form. Please read the guidance notes first. You must also include a map of the proposed croft and any other required documents. You can submit your application online or by post. 

Apply now

You must also:

• Submit a Registers of Scotland application: You must submit a first registration (Form A) and a £90 fee at the same time as your application. We will hold onto this until a decision is made.
• Confirm ownership: If you are the owner, you must confirm that you own the full extent of the land.
• Obtain tenant agreement: If the land is tenanted, you must get the tenant's written agreement.

The process

• Initial checks: We'll check your application for completeness. If it's not correct, we won't be able to process it.
• Advertising and consultation: We will advertise your proposal in a local newspaper and consult with the local council, Highlands and Islands Enterprise, and National Park authorities.
• Objections: After the 28-day public consultation period, we'll consider any objections or comments.
• Decision: We aim to make a decision on straightforward applications within 16 weeks. Applications that don't meet the decision parameters or receive objections will take longer.

What happens after a decision?

We may grant or refuse your application. We will notify you of our decision within 21 days.

• If approved: We will send your first registration (Form A) application to Registers of Scotland. You will be entered in our register as the constituting landlord (if you're the owner) or as the tenant (if you're a tenant of a non-croft holding).
• If refused: You have 42 days to appeal our decision to the Scottish Land Court. You can find more information about this on our appeals page.

Further information

Factsheet - creating a new croft