Last month, the Scottish Government published its long‑awaited Community Rights to Buy Review (“the Review”), concluding the four-stage review of community rights to buy (“CRTB”). The Review proposes to simplify and strengthen a regime central to Scotland’s land reform agenda for over two decades, following extensive consultation with community groups, landowners and practitioners, which our previous blog comments on.
The Current Framework
Scotland currently has four distinct rights:
- the Community Right to Buy (Part 2)
- the Crofting Community Right to Buy (Part 3)
- the Right to Buy Abandoned, Neglected or Detrimental Land (Part 3A)
- the Right to Buy Land to Further Sustainable Development (Part 5)
The Scottish Government identified the need to carry out a review of the system, which is often seen as too complex and burdensome, particularly for volunteer‑led community bodies. Consultation respondents highlighted difficulties navigating multiple statutory routes, strict procedural requirements and timescales, the risk of applications failing due to technical errors, and uncertainty for communities and landowners.
The Recommendations
Combining the existing rights to buy
One of the most significant proposals is the consolidation of the non-crofting compulsory CRTBs (the right to buy abandoned, neglected or detrimental land and the right to buy land to further sustainable development), retaining land condition and land use as relevant factors when assessing applications. The regime’s overall structure will remain familiar, aiming to reduce duplication, align decision‑making criteria and provide a more coherent route for community bodies.
The Part 3 crofting right will remain separate due to its unique needs and functions.
Targeted reform to improve crofting rights is proposed to preserve their distinct legal and cultural context, however, further stakeholder discussions are required before more detail can be provided on this. Over time, this should improve clarity and predictability for those navigating the system.
The Review recommends standardising and simplifying definitions and terminology across all rights. If implemented, community bodies may find it easier to qualify to bring applications, particularly in urban or mixed communities.
Community body structures
Currently, community bodies must have at least 10 members, 75% of whom are Ordinary Members living in a defined geographic community. The Review recommends exploring reducing this to 50% to increase accessibility without compromising on local control.
Petitions and ballots
The Review recommends reconsidering ballot thresholds, potentially removing the mandatory 50% turnout requirement. It also proposes accounting for votes against an application when assessing community support and retaining existing petition thresholds. While a demonstrable level of support would still be required, applications could become more feasible with reduced procedural barriers.
Late applications
The Review largely retains the existing framework for late Part 2 applications, with only compliant community groups able to submit late applications. The current 15% community support threshold is recommended to remain, and no changes are proposed to rules enabling owners to remove assets from sale once a late application is made, though clarification is welcomed on what happens to the application.
Other changes proposed include streamlining the process, removing the requirement for a detailed business plan when the application is made, but possibly setting a timeline for when one is needed.
Third-party purchasers
Consultation respondents favoured third-party purchasers remaining an option under CRTB. The Review proposes introducing stronger safeguards to ensure legislation aims to support community bodies to purchase assets are protected.
Option agreements
Although there was strong support for increased transparency where option agreements exist, the Review stops short of recommending immediate reform. It proposes further exploration of whether CRTB reform is the appropriate mechanism to address concerns about undisclosed option agreements. There is a signal that future reforms could affect how option agreements interact with community rights, increasing the importance of early legal advice and monitoring of policy developments.
Appeals
Despite majority support for extending the 28-day appeal period, the Scottish Government will not extend the appeals, maintaining consistency with other appeal processes, including the Land Reform (Scotland) Act 2025.
Registration
The Review recommends extending the current five-year Part 2 registration period, although the length is unspecified. This would increase the duration during which a landowner is restricted from selling an asset without first offering it to the community body, reinforcing the importance of understanding and managing registered community interests early.
Non-legislative Improvements
The Review also addresses procedural and administrative improvements, including clearer guidance, streamlined application processes and greater flexibility to avoid minor technical errors undermining applications.
Next Steps
The Review signals commitment to strengthening community ownership in Scotland while addressing long‑standing complexity and accessibility concerns. Some reforms will require primary legislation, expected to be taken forward in the next Parliamentary session, while non‑legislative improvements may progress sooner. For further information or advice, please get in touch with your usual Brodies contact.
Contributors
Associate
Director of Knowledge (Real Estate)
Trainee Solicitor
