Ministers open up public debate over landownership

Proposed next steps in the Scottish Government's programme of land reform have been put out to public consultation today.

They include additional means to improve the transparency of who owns what land, a prohibition on non-EU corporate bodies owning land in Scotland, and conferring powers of intervention on ministers where the pattern of landownership in a locality, or the conduct of the landowner, is "acting as a barrier to sustainable development".

Ministers are planning to restrict companies, trusts and partnerships that can own land to within the EU. This will not affect individuals from all over the world who want to buy land in Scotland, the paper states, but will make it easier to contact the landowner or hold them to account if necessary.

The paper also looks at ways of modernising how local authority common good – including parks and municipal buildings, but also works of art and financial funds – should be managed, used and transferred. 

Underpinning the proposals, the Government is proposing a Land Rights and Responsibilities Policy "to help guide the development of public policy on the nature and character of land rights in Scotland". Among other measures, the bill will be designed to:

• demonstrate long term commitment to land reform, by setting up a Scottish Land Reform Commission to underpin land reform, by providing the evidence base for further land reform measures and assessing the impact of existing policies.
• improve the transparency and accountability of landownership, by making public sector information on land, its value and ownership readily available, as well as imposing the limitations on foreign bodies; 
• provide powers for Scottish ministers, or other public bodies, "to intervene in situations where the scale or pattern of land ownership in an area, and the conduct of a landowner, is acting as a barrier to sustainable development";
• facilitate proactive management of public sector land in the wider public interest by extending the powers of the Forestry Commissioners;
• place a duty of community engagement on charitable trustees, when making decisions on land under their control;
• end the non-domestic rates exemption for shooting and deerstalking;
• take forward legislative changes required in light of the upcoming recommendations of the Agricultural Holdings Review on the future of tenant farming.

Environment and Land Reform Minister Aileen McLeod said:

"If Scotland were starting afresh we would not be designing the pattern of land ownership we see today. Our aspiration is for a fairer and more equitable distribution of land in Scotland where communities and individuals can own and use land to realise their potential. Scotland's land must be an asset that benefits the many, not the few."

She added: “The Scottish Government’s vision is for a strong relationship between the people of Scotland and the land of Scotland, where ownership and use of the land delivers greater public benefits through a democratically accountable and transparent system of land rights that promotes fairness and social justice, environmental sustainability and economic prosperity.

“I am keen to see a fairer and more equitable, distribution of land in Scotland where communities and individuals can own and use land to realise their potential. Scotland's land must be an asset that benefits the many, not the few."

Click here to view the consutation. Responses are due by 10 February 2015.