Community Engagement Obligations and draft large land holdings guidance under the Land Reform (Scotland) Act 2025
Community Engagement Obligations: requirements to consider requests - crofting
Landowners themselves cannot constitute land as a croft. They may however apply to the Crofting Commission to have land constituted as a croft, provided that it is within the crofting counties, or within an area which is designated by Scottish Ministers for this purpose. This section of the obligations means that community bodies may ask the landowner to consider applying to have land constituted as a croft(s).
This section, in the same way as the obligation to buy and lease land , is also restricted to “community bodies” (see box below)
The regulations will set out that the duty to consider a request to apply to constitute land as a croft(s) will only apply to land in the crofting counties or designated areas.
Community body definition
In relation to this section, community body means both:
- Community bodies (defined in section 34 of the Land Reform (Scotland) Act 2003) – i.e. those who are eligible to access Community Right to Buy
- Crofting community bodies (defined in section 71 of the Land Reform (Scotland) Act 2003) – i.e. those who are eligible to access Community Right to Buy to buy croft land