Community Land
Community Right to Buy
Community Right to Buy (CRtB) allows communities throughout Scotland to apply to register an interest in land and gives the opportunity to buy that land when it comes up for sale. This page covers:
- Community Right to Buy – Overview
- Alternative mechanisms for community ownership
- Where to find information regarding existing applications
- Support for Community groups
Community Right to Buy – an overview
Community Right to Buy (CRtB) allows communities throughout Scotland to apply to register an interest in land and gives the opportunity to buy that land when it comes up for sale. It mainly applies to privately-owned land or buildings.
CRtB are a collection of legal powers: one of several community ownership mechanisms available to communities across Scotland.
Community bodies can register an interest in any land, such as churches, pubs, estates, empty shops, woodland, fields and more. Community bodies can also register an interest in rights such as salmon fishing rights and certain mineral rights.
Below you will find a comprehensive overview of each of the four right to buy powers
Before completing an application for any of the rights to buy below you must form an eligible community body and receive a letter from Scottish Ministers confirming that the community body’s governing document is compliant with the Land Reform (Scotland) Act 2003 and the Land Reform (Scotland) Act 2016. The types of eligible body and the governing document you must use depends on which right to buy you are interested in.
Further information is available: Community Rights to Buy: Prerequisite: Forming an eligible community body
There are a range of different CRtB categories:
Community Right to Buy (“the part 2 Right to Buy”)
The Community Right to Buy allows communities across Scotland to apply to register a community interest in land or buildings, and to be given the first right of refusal should the landowner decide to put the land up for sale.
It provides communities, who have identified a need within their community for an area of land or a building and have successfully registered an interest on that land or building, with the first option to buy that asset.
The next three rights can be exercised at any time, and are compulsory purchases, i.e. a successful application results in the land being acquired compulsorily.
Crofting Community Right to Buy (“the part 3 Right to Buy”)
Community Right to Buy Abandoned, Neglected or Detrimental Land (“the part 3A Right to Buy”)
The Community Right to Buy Abandoned, Neglected or Detrimental Land allows communities across Scotland to apply to Scottish Ministers for consent to exercise a compulsory purchase of land or a building, which is wholly or mainly abandoned or neglected, or where the use or management of the land is causing harm to the environmental wellbeing of the community.
Right to Buy Land to Further Sustainable Development (“the part 5 Right to Buy”)
The Right to Buy Land to Further Sustainable Development allows communities across Scotland to apply to compulsorily purchase land or buildings for the purposes of furthering the achievement of sustainable development.
Alternative mechanisms for community ownership
Other legal powers and mechanisms available to communities but which are not covered in this guide include:
Where to find information regarding existing applications
Register of Community Interests in Land
Right to Buy applications under Part 2 of the Land Reform (Scotland) Act 2003 are available to view on the Register of Community Interests in Land (the RCIL), held by Registers of Scotland.
Register of Crofting Community Rights to Buy
Right to Buy applications under Part 3 of the Land Reform (Scotland) Act 2003 are held by the Crofting Commission, who can be contacted, should you wish to view these applications.
Register of Applications by Community Bodies to Buy Land
Right to Buy applications under Part 3A of the Land Reform (Scotland) Act 2003 and Part 5 of the Land Reform (Scotland) Act 2016 are available to view on the Register of Applications by Community Bodies to Buy Land (the RoACBL), held by Registers of Scotland.
Applications submitted under Part 5 of the Act are indicated by the registration initials SD, e.g. SD00001. Applications submitted under Part 3A of the Act are indicated by the registration initials AB, e.g. AB00001.
Contact the Community Land Team at crtb@gov.scot
Support for Community groups
The Community Ownership Support Service (COSS) is a Scottish Government funded programme, set up to:
- Help community groups in Scotland take on assets for their community, giving them greater control of land and buildings, and helping to ensure local service delivery in the future.
- Support local authorities, other public bodies and members of Community Planning Partnerships to transfer a building or land asset, recognising the benefits of partnership working with the community to meet future goals.
COSS supports community based groups in Scotland take a stake in or ownership of previously publicly owned land or buildings. They also support and advise relevant authorities on all aspects of the asset transfer process.
This adviser-based service is delivered Scotland wide and aims to provide individual community groups and public bodies with a bespoke support service from the first steps to the completion of the asset transfer. Support includes a combination of –
- Expert advice on all aspects of asset transfer
- Training courses on the asset transfer and asset development process
- A wealth of written materials and training modules
- Web access to information on good practice, toolkits and case studies.
- Sign-posting to other support agencies
Communities are also be able to link into the Development Trusts Association Scotland’s wider network to explore the wide range of business models being adopted by other communities throughout Scotland and across the UK.
COSS is part of the Development Trusts Association Scotland
