Crofting Reform Act – Preparing for the changes
Earlier this year, the Crofting and Scottish Land Court Act 2026 received Royal Assent, introducing a range of changes designed to modernise crofting legislation and simplify processes for crofters, landlords and advisers.
These will not all come into effect at the same time. The first set of provisions is scheduled to come into force in February 2027. The statutory instruments are still being drafted, and further changes may be made before the provisions come into force
For most crofters, these changes will not lead to any immediate disruption to day-to-day crofting. Instead, this first phase focuses on practical measures designed to simplify processes, improve croft information and modernise parts of the crofting system.
For crofters
One of the most significant changes is the introduction of a simpler process for assigning a croft tenancy to a qualifying family member, making succession more straightforward. Where the legal requirements are met, applications will be able to follow the family assignation process rather than the usual public notification route. Landlords will still receive a copy of the application and will have the opportunity to make comments. Crofting Commission guidance will also be strengthened for crofters who need permission to live more than 32 kilometres from their croft. The guidance will explain the factors that may be considered, as well as what may be expected of a crofter while they are living away.
Registration will become increasingly important under the new arrangements. For several regulatory applications, a croft must first be registered in the Crofting Register, which is maintained by Registers of Scotland, before an application can be submitted to the Crofting Commission.
If you are considering an assignation, division, exchange, letting or any other application affecting your croft, it is worth checking the registration status at an early stage. Doing so could help avoid unnecessary delays later in the process.
There are also changes affecting common grazings. In cases where a tenant purchases’ their croft, grazing shares can become separated from the croft as these shares are often not included automatically in the sale. The Act aims to keep these shares linked to the croft and give the Crofting Commission powers; following consultations with the landlords and grazings committees, to reallocate any standalone grazings shares that are considered vacant. Certain meetings will be able to take place electronically, making it easier for shareholders to participate where travel is difficult. In addition, meetings to appoint a new grazings committee may take place up to three months before the current committee's term comes to an end, helping to ensure a smoother transition.
The Act strengthens some of the Commission's enforcement powers concerning crofting duties and ensuring croft land remains active and productive.
Some of these provisions will require supporting policy and guidance, and we will provide clear information on how they operate before they are implemented in practice.
The current Annual Notice, often referred to as the Crofting Census, is also changing. Rather than being issued every year, the legislation will require it to be completed at least once every three years. Full details of the new arrangements will be made available well in advance of the changes taking effect.
For landlords
Landlords will also notice some changes.
Under the new family assignation process, landlords will continue to have a clear role. They will receive a copy of the application and be given time to comment if they wish.
A new notification requirement will also be introduced when ownership changes. Anyone acquiring land that contains a croft, an owner-occupied croft or common grazings will be required to notify the Crofting Commission within one month of the transfer of ownership.
For agents and solicitors
Before submitting an application affected by the new registration requirements, it will be essential to confirm that the croft is already registered. Taking this step early can help avoid delays and ensure applications are processed as smoothly as possible.
Forms, guidance and administrative procedures will also be updated over time, so it is important to use the most current versions rather than relying on previously downloaded documents.
Keeping everyone informed
You will not need to work through the legislation itself to understand what these changes mean.
Before each provision comes into force, the Crofting Commission will provide clear guidance, updated forms and practical information for crofters, landlords and professional advisers.
Useful links
- www.gov.scot/news
- www.crofting.scotland.gov.uk/latest-news
- www.fas.scot/news
- www.crofting.org/scf-news
- www.nfus.org.uk/news.aspx
Kenneth Macleod, Consultant and Area Manager, [email protected]
Posted by SAC Consulting on 16/10/2026
