Ministers propose new rights for small landholders

Scottish ministers have opened a consultation following their commitment to review the small landholders legislation.

Small landholdings, a form of tenanted land outside of the crofting counties, are relatively few in number but are covered by legislation that has not been updated since 1931. Last year's agreement between the Scottish Government and the Scottish Green Party MSPs committed to exploring to provide small landholders with the same pre-emptive right to buy as crofters and 1991 Act tenant farmers. The new paper is based on that commitment and on responses to an initial consultation following the passing of the Land Reform (Scotland) Act 2016.

Key proposals on which views are invited include: 

• introducing an absolute right to buy the land under the small landholder’s house and garden, along with a pre-emptive right to buy the remainder of the small landholding, to provide small landholdings with a right to buy comparable to other forms of land tenure;
• enabling small landholders to diversify their current activities, and to modernise and adapt their business enterprise, in line with the options available to other tenants of agricultural land;
• allowing a small landholder to assign to the same classes of people as tenant farmers with secure 1991 Act agricultural tenancies in the Land Reform (Scotland) Act 2016;

• extending the remit of an existing body, perhaps the Scottish Land Commission, to promote and encourage good relations between small landlords and their landlords, publish guidance and codes of practice, and investigate alleged breaches of codes of practice.

Access the paper here. Responses are invited by 14 January 2023.