It’s now over two decades since the Community Right to Buy (CRTB) was introduced under the Land Reform (Scotland) Act 2003. The CRTB was a pioneering step, designed to give local communities greater control over land and assets that shape their everyday lives. The CRTB allows eligible community groups to apply to register an interest in assets they believe are key to their well-being and future prosperity. If their application is successful and the owner decides to sell, the community group is given the first opportunity to purchase the asset at market value.
In the 20 years since its inception, the CRTB process has seen robust engagement. In total, 268 applications have been received from community groups since 2003. Two-thirds these applications gained approval from Scottish Ministers. The Scottish Government recognise that the system is not without its challenges, and several potential legislative changes have been identified. This is the driving force behind the current consultation which seeks to ensure the CRTB is fit for purpose.
The Consultation: scope and key issues
The consultation paper set out a range of options for improving the CRTB process at various stages. Stakeholders—including community buyers, landowners, and practitioners—were invited to contribute their views.
Amongst the suggested areas for improvement were:
- Combining existing rights to buy: There are currently four separate rights to buy that community groups can pursue. It is not always clear which of these four rights is the best option for a community group, and the procedural requirements for each differ. To simplify the process, the Scottish Government propose consider merging the four rights into two - one for compulsory and one for non-compulsory purchases of land.
- Amending the definition of ‘community body structures’: There are several requirements that community groups must meet before being eligible to apply under any of the community rights to buy. One requirement relates to residency and mandates that 75% of the group be ‘Ordinary Members’ (residents in the community area who are eligible to vote in local elections). The Scottish Government propose to amend the ‘Ordinary Member’ threshold to 50%.
- Position regarding appeals: Interested parties (landowners and community groups) currently have 28 days to appeal decisions made regarding rights to buy. The Scottish Government sought views on whether the period to submit an appeal should be extended to allow parties to make a more informed decision.
What’s off the table?
Not every suggestion is up for discussion. The Scottish Government has made it clear that some proposals submitted by interested parties—such as making grants available to community bodies specifically to help cover the costs of submitting an application—are considered unsuitable and will not be taken forward for review at this time.
Why this matters: simplifying and strengthening CRTB
The primary aim of the consultation is to simplify a process that can seem daunting and complex. By engaging with communities and stakeholders, the government hopes to make the CRTB system clearer, more accessible, and better equipped to support communities in taking ownership of the land and buildings that matter to them.
What next?
The consultation ran for 12 weeks and closed on 5 October 2025. The Scottish Government are now at ‘Stage 4’ of the consultation process, which will result in the publication of a final set of proposals for the consideration of Scottish Ministers by December 2025 once consultation responses have been analysed.
Contributors
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Trainee solicitor
