A simple guide to the Crofting Reform Act
Crofting legislation continues to evolve, with new changes aimed at supporting active use, succession and environmental management. The Crofting Reform Act introduces changes to how crofts are used, managed, and transferred. It aims to make crofting more flexible, fair, and sustainable. The Act received Royal Assent on 18 May 2026.
While much of the detail will be clarified as guidance is updated, there are several key changes crofters and owners should be aware of now.
Using crofts for the environment
Crofts can be used for peatland restoration, habitat creation, and water management. These activities now count as fulfilling your crofter duties, as long as they are properly planned and do not harm neighbouring land.
Penalties for not following the rules
If crofting duties are not fulfilled, the Crofting Commission now have new powers to impose a fine of up to £200 as an initial penalty.
Passing a croft to family members
Succession within families has been simplified.
A croft can be transferred to a family member where they:
- Live within 32km of the croft, and
- Do not already hold more than three crofts
The landlord must either agree or not object within 28 days.
Owner-occupier crofters
Owners of vacant crofts (sometimes also referred to as landlords of a vacant croft) can apply to be recognised as owner-occupier crofters.
Now, new crofts can also be created directly as an owner-occupied croft, without the need to put in a tenant. Owner-occupied crofts cannot be transferred to companies or partnerships. Further clarification will be needed to fully understand the practical implications of this change.
Deemed crofts
Deemed crofts may arise where grazing rights and/or apportionments are separated from a croft. The Commission now have the power to treat these as vacant and reallocate them in situations where succession to the tenancy is no longer possible or extremely complex.
Restrictions on transfers
Crofts let by the Crofting Commission cannot be transferred or assigned within the first ten years.
Changing croft boundaries
The Crofting Commission now have certain powers to adjust croft boundaries. Applications can be made to them if boundaries are manifestly incorrect or need improvement.
This may include joint applications by neighbouring crofters.
Croft registration rules
Buying a croft now automatically triggers registration in the Crofting Register. Tenants must give landlords 21 days’ notice before registering.
Fixing errors in the register
Errors in the Crofting Register can now be corrected more easily:
- The Keeper of the Registers of Scotland or the Crofting Commission may amend the register
- Those affected will receive 28 days’ notice of any proposed changes
Decrofting applications
Landlords now have the right to object before a decision is made on a tenants decrofting proposal.
All of the above is now effectively written into law although it will take some time for the Crofting Commission to implement the changes and update their guidance and application processes.
If you are currently thinking of submitting any regulatory changes regarding your croft, the things you need to consider remain largely unchanged in the meanwhile.
5 top tips
- Check your status and details on the Register of Crofts.
- Know whether your croft is on the map-based Crofting Register already or not.
- If you are considering options for succession planning and/or any changes to your croft that would require regulatory approval, seek advice as early as possible.
- Consider whether you may be able to carry out some or all the work yourself, or with the support of friends or family.
- Plan well ahead and have clear and timely conversations with family.
Graham Fraser, Senior Consultant, Graham.Fraser@sac.co.uk
Posted by SAC Consulting on 16/06/2026
