Compulsory Purchase Reform in Scotland

Chapter 2 of the consultation paper provides an overview of the compulsory purchase process and our proposal for comprehensive reform.

Compulsory purchase allows an organisation to acquire land (including buildings) without the owner's consent. This is a serious step which interferes with the rights of those affected. It is therefore essential that safeguards are in place to ensure that:

• the action is justified and proportionate, to deliver positive outcomes in the public interest, and
• those who are affected have the opportunity to object and are compensated fairly.

Various public bodies and some infrastructure providers have compulsory purchase powers. These organisations are known as "acquiring authorities". Their powers are set out in legislation which sets out the purpose(s) for which each authority can use compulsory purchase.

To make a compulsory purchase order, the acquiring authority must identify the land it needs and set out its reasons. They must contact owners and occupiers, who have a right to object and are entitled to compensation. All CPOs must be approved ("confirmed") by the Scottish Ministers. After that there is a separate process to transfer ownership of the land to the acquiring authority. 

Scotland's compulsory purchase legislation is spread across various pieces of legislation, dating back as far as 1845. Our intention is to bring forward a new Compulsory Purchase Bill which would replace and repeal the existing legislation. It would combine compulsory purchase procedures and compensation in a single statute. This will be subject to the views of the new Scottish Ministers following the Scottish Parliament election in 2026. 

We do not think this statute should include enabling powers, which in the interests of flexibility would continue to be contained in the statutes for the relevant policy areas (e.g. housing, planning, education etc). However, the proposed Bill could amend those enabling powers where necessary.

Where existing compulsory purchase procedures have been incorporated into ‘special Acts’ and other legislation, our preference is that they should be replaced by the new procedures, with transitional provisions where necessary to deal with projects already underway.