Land Reform Bill aims to enhance community interests

The Scottish Government published its Land Reform (Scotland) Bill today, with Minster Aileen McLeod pledging to end “the stop-start nature of historic land reform”.

As expected, the bill will create a Scottish Land Commission whose members will be tasked with reviewing and recommending changes to law and policy to support strategic aims to be approved by ministers.

Community interests, and a right to buy land to further sustainable development, are central to the bill. The Government will be required to issue guidance to landowners on engaging responsibly with communities, and communities or individuals will be empowered to find out information about owners and tenants of land in circumstances to be prescribed. The Keeper of the Registers will also have additional powers to request information regarding proprietorship.

A new class of agricultural tenancies will be created, to be known as modern limited duration tenancies. These will last for 10 years or more, with a possible break after five years. Other forms of tenancy may be converted into the new tenancies in certain circumstances, and the procedure for a tenant acquiring a right to buy will be simplified by removing the requirement to register an interest. New provision is made for rent reviews involving Land Court determination.

Among other measures, the business rates exemptions for shooting and deerstalking estates will end; local authorities will have additional duties relating to "core paths" in maintaining public rights of access; and amendments are made relating to common good land.

Dr McLeod commented: “We cannot underestimate the crucial part land reform will play in contributing to the future success of communities across Scotland. Through the Land Reform Bill we want to ensure that future generations have access to land required to promote business and economic growth and to provide access to good quality, affordable food, energy and housing.

“The introduction of the bill is a significant step forward in ensuring our land is used in the public interest and to the benefit of the people of Scotland. It will also end the stop-start nature of land reform in Scotland that has limited progress."

She added: “At the heart of these proposals is the principle of responsibility that comes with all land ownership, and while there are many exemplary landowners in Scotland, the message is clear: it is no longer acceptable to own land in Scotland and not take the public responsibilities that come with that ownership seriously. I know this bill will be good for the people of Scotland, encourage greater public interest and participation in land and help our communities reach their potential.”

Click here to access the bill and related documents.