Crofting

What is crofting

Crofting is a way of renting, owning and using land in Scotland. A croft is the land, not the house the crofter lives in. Most crofters are tenants, but some crofters are owner-occupiers.

Crofts are regulated by the Crofting Commission.

The main differences between crofts and other small agricultural tenancies are:

• security of tenure - crofters have security of tenure and the right to leave the tenancy in their will

• transferring the tenancy - crofters can transfer the croft to a new tenant

• fair rents - crofters can have fair rents fixed by the Scottish Land Court, if you can’t agree with your landlord

• common grazings - there are special rules about sharing land with other crofters

• location - crofts must be in certain areas of Scotland.

There’s a list of the crofting counties on the Crofting Commission website.

There are also grants and funding available specifically for crofters.

You can read more about crofting on the Crofting Commission website.

Crofter's duties

Crofters have a legal duty to:

• live on or within 32 kilometres of their croft

• cultivate and maintain the croft

• not misuse or neglect the croft.

There’s more information about crofter's duties on the Crofting Commission website.

You can read more about what happens when there's a suspected breach of a crofter's duties on the Crofting Commission website.

Common grazings

Crofts often come with the right to graze animals like sheep or cows on an area of land. If the land is shared with other crofts, this is called common grazings. Crofters might have other rights on common grazings, such as the right to cut peat.

Most common grazings have regulations about how they can be used. You can read more about common grazings on the Crofting Commission website.

Registering a croft

Registers of Scotland keeps a public Crofting Register. The register is free to search and shows the legal boundaries of registered crofts. It covers:

• crofts

• common grazings

• land held runrig.

You must register your croft after certain events, for example if you:

• assign the tenancy to someone else

• divide the croft

• enlarge the croft.

Voluntary registration is also encouraged.

There is a fee to register a croft or update the register.

Check when to register or update a croft on the Registers of Scotland website.

Changing the size or boundaries of a croft

You need to get permission from the Crofting Commission to divide, enlarge or exchange a croft.

How to become a crofter

You can become a crofter by renting, buying or inheriting a croft. In some cases, you'll need the consent of the Crofting Commission. They might consider:

• whether you'll live on or near the croft

• whether you plan to cultivate the croft or put it to another purposeful use

• if you have the right skills

• the interests of the local crofting community.

You can appeal to the Scottish Land Court if you disagree with the decision of the Crofting Commission.

You can read more about how to become a crofter on the Shelter Scotland website.

The Scottish Land Matching Service

The Scottish Land Matching Service has a database of people looking for an opportunity in crofting and offering a crofting opportunity. You can register for the Scottish Land Matching Service for free on their website.

Subletting a croft

If you're a crofting tenant, you can sublet some or all of your croft for up to 10 years. You'll need permission from the Crofting Commission. You do not need the Crofting Commission's permission to sublet some of your croft to holiday guests.

If you’re a subtenant of a croft you'll have the same responsibilities as a crofting tenant, but you'll have fewer rights. For example, you won't have the right to a fair rent set by the Crofting Commission.

You can read more about subletting a croft on the Shelter Scotland website.

If a croft is sublet without permission

If a croft is sublet without the Crofting Commission's permission, the subtenancy is not legally binding. The tenant crofter could not take the subtenant to court for unpaid rent, and the subtenant could not claim legal protection against eviction. The subtenant will also not be eligible for grants available to crofters.

Eviction if you're a crofting tenant

Crofting tenants have strong legal protections, but they can still be evicted in some situations. Eviction action can be started by:

• the landlord

• the Crofting Commission

• Scottish Government ministers, if you borrowed a government loan for crofting.

You can read more about eviction if you're a crofting tenant on the Shelter Scotland website.

The crofter's right to buy

A tenant crofter has the right to buy:

• the croft house and part of the garden ground - the landlord cannot object to this, but you might be responsible for some or all of the landlord’s legal costs (as well as your own)

• part or all of their croft land and part of the common grazings - the landlord can object to this, but you would normally pay only your own legal costs.

You can read more about the crofter's right to buy on the Shelter Scotland website.

If you want to stop crofting

You can end your tenancy on 28 May or 28 November. In crofting law, these are called Whitsunday and Martinmas.

You must give your landlord at least 1 year's notice in writing. Your notice can be shorter if your landlord agrees.

You could also consider:

• subletting your croft - if you're a tenant

• finding a tenant - if you're an owner-occupier.

A tenant crofter can also assign (pass on) their tenancy to someone else. You can read more about assigning your croft on the Shelter Scotland website.

Decrofting

All registered croft land is covered by crofting laws unless it has been decrofted. When land is decrofted, it is removed from the Register of Crofts. The rules that normally apply to crofts stop applying to that land.

You can only apply to the Crofting Commission to decroft if you're:

• the tenant of a croft

• the landlord of a vacant croft

• an owner-occupier crofter.

There's more information about decrofting in the Crofting Commission's factsheet on their website.

What happens when a crofter dies

The Crofting Commission has information on:

• choosing a successor

• dividing your croft before passing it on

• leaving a croft in your will

• how to report the death of a crofter

• how executors can handle the deceased crofter's estate - for example, what to do if there is no will.

You can read more about what happens when a crofter dies on the Crofting Commission website.

Financial help for crofters

Crofters might be able to get a range of grants and loans. Eligibility can depend on whether the crofter is:

• a tenant

• a legal subtenant

• an owner-occupier.

It is important to check if you are eligible before applying.

Grants for crofters

The Scottish government offers grants and funding for crofters. For example, crofters can apply for grants to:

• supplement their income

• repair or improve their croft house or make it more energy efficient

• plant trees

• protect the environment and tackle climate change

• make improvements to their croft.

You can find a list of grants and funding for crofters on the Scottish government’s Rural Payments and Services website.

Funding for croft home adaptations

If you're a crofter aged over 60 or disabled, you could get advice, support and financial help to repair or adapt their home. Find out more on the Care and Repair Scotland website.

Advice and support for crofters

There are organisations that can provide advice and support for crofters.

RSABI

RSABI is a charity that gives practical, emotional and financial support to people in Scottish agriculture, including crofters. RSABI can offer:

• a helpline and webchat - available 24 hours a day, 7 days a week

• regular telephone support

• counselling

• help with heating

• money for essential items

• support after an accident, illness or injury.

You can find out more about help for crofters on the RSABI website.

Scotland's Farm Advisory Service

Scotland's Farm Advisory Service (FAS) can give crofters a free consultation by phone or email on running and developing a crofting business. This can include help with:

• regulations

• sustainability

• livestock

• crops

• diversification

• business planning.

Crofters might also be eligible for free specialist advice. This can include a crofter's plan with a tailored business review covering sustainability, finances, risks, opportunities and croft status.

You can read more on Scotland's Farm Advisory Service website.

Scotland's Rural College (SRUC) consultancy service

The SAC consulting service from SRUC can give crofters practical and business advice, for example on:

• croft registration

• grant applications

• common grazings

• livestock

• soil management.

This is usually a paid service. Crofters can contact SRUC for prices. You can find out more about the croft consultancy service on Scotland's Rural College website.

If you have a legal issue as a crofter

The Scottish Land Court can make decisions about crofting disputes and legal questions. It can deal with issues such as:

• whether land is a croft

• rights of access

• disputes around fair rents, boundaries or common grazings

• whether a landlord can take back croft land or common grazings for a reasonable purpose

• whether a crofter can buy their croft from their landlord

• appeals against decisions made by the Crofting Commission.

If you have a legal issue, you should get legal advice from a solicitor with experience of crofting law. You can find a solicitor on the Law Society of Scotland website.

The Crofting Law Group might be able to help you find local solicitors. You can contact the Crofting Law Group on their website.

Other useful organisations

You can find a list of other organisations for crofters on the Crofting Commission website.