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