A New Power Of Compulsory Sale? The New Community Right To Buy Abandoned, Neglected Or Detrimental Land

The Land Reform (Scotland) Act 2003 brought about a statutory right for communities to purchase land in Scotland. Being more of a right of first refusal over land than a right to buy, it lacks teeth: if the landowner never takes any step to sell the affected land, the community's right to buy is never triggered.

Now qualifying community bodies have access to power with perhaps more bite by virtue of the community right to buy abandoned, neglected or detrimental land which came into force on 27 June 2018.

A successful application by a community body will result in an order requiring the land to be sold.

What sort of land could be affected?

Qualifying community bodies can make an application to the Scottish Ministers to purchase "eligible land".

Eligible land is land:

which is wholly or mainly abandoned or neglected; or the use or management of which is such that it results in or causes harm directly or indirectly to the environmental wellbeing of a relevant community - i.e. "detrimental" land. It includes bridges, inland waters, canals and the foreshore.

Aspects that will be relevant to whether land is abandoned or neglected include the physical condition of the land and any buildings, the length of time the current situation has persisted, and the extent to which there is a risk to public safety. Mitigating factors include whether the land is a nature reserve, or whether it includes a scheduled monument. The current use and management of the land is also relevant - so, if there is in fact an ongoing legitimate use, it will be much less likely that a community application will be granted.

Eligible land does not include:

Land on which there is a building or other structure which is an individual's home (unless it is occupied under a tenancy) and other associated land (for example, land used for storage of possessions or vehicles used by the occupants of the house). Some types of croft land. Land which is owned or occupied by the Crown in its capacity as ultimate heir (for example because of a landowner's insolvency, or a landowner who has died with no heirs). Land held or used by a Minister of the Crown or government department, and rights to petrol, coal, gold or silver. The list of exclusions could be expanded in future.

Who can make an application?

Applications can only be made by qualifying community bodies. Generally it must be a charitable or non-profit organisation or company, or a community benefit organisation, in each case with a...