Renting or buying a croft

A croft is an area of land used for agriculture. Crofts sometimes have farm buildings or houses on them.

To rent, buy or inherit a croft, you’ll need permission from the Crofting Commission. The commission is a government body that regulates crofts and makes sure land is being well used.

Finding a croft to rent or buy

Most crofts are in the Highlands and Islands of Scotland. To find a croft, check advertisements online and in local papers, such as the:

• Oban Times

• Stornoway Gazette

• West Highland Free Press

• Shetland Times

• Press & Journal

If you join the Crofting Federation, you can register on their waiting list for a croft.

Renting a croft

Before you rent a croft, the landlord will need permission from the Crofting Commission to rent to you.

You and the landlord must complete the Crofting Commission's application form.

In your application you’ll need to show:

• how you plan to use the croft

• what skills and experience you have
  

The commission will check things like:

• you'll use the land well, by farming it

• you'll live within 20 miles of the croft

• no-one in the local community objects to you crofting the land

If the commission refuses your application, you’ll get a chance to appeal.

If your application is approved, check our advice on your rights as a crofting tenant.

If a crofter wants to give you their tenancy

An existing tenant of a croft can:

• sublet their croft to you

• transfer their croft tenancy to you, which is called assigning

In both cases, they'll need to get permission from the Crofting Commission before you can become the tenant.

Buying a croft

Before you buy a croft get the land surveyed. The Crofting Law Group can help you find a crofting surveyor.

Get legal advice from a solicitor who specialises in crofting law. They can make sure the terms of the sale are fair.

Your responsibilities if you buy a croft

As the owner of a croft, you must make sure it is:

• occupied and the land is being used

• not left vacant for over a month

• listed on the Register of Crofts
  

You must tell the Crofting Commission about the purchase within 1 month of buying the croft. If you do not, you could be fined.

Tell the commission what you intend to do with the land. This could be living on the croft and working the land yourself, or renting it out.

If you do not want to work the land or rent it out, you'll need to make sure the land is decrofted. Get legal advice before decrofting the land, as the terms of the sale may not allow you to do so.

If you want rent the croft out

Contact the Crofting Commission. They can find a tenant who is suitable and has the required skills to cultivate a croft.

If you find your own tenant, you'll need permission from the commission to rent the croft to them.

Once you have a proposed tenant, you must advertise the let in a local paper. This allows the local community to object if they have concerns.

If you leave the croft vacant for too long, the commission could advertise for a new tenant and arrange a lease.

Turning land you own into a croft

You may be able to convert land you already own into a croft. You can only do this in certain parts of the country. You'll need permission from the Crofting Commission.

Check the Crofting Commision's guidance on creating a new croft.

Inheriting a crofting tenancy

A family member can leave you their crofting tenancy in their will. Inheriting a tenancy is sometimes called succession.

You must tell the landlord and the Crofting Commission that you have inherited the tenancy. If you do not do this within 12 months of the person’s death, you might not be able to inherit the croft.

Who can inherit a crofting tenancy

Family members who can inherit a croft are:

• a partner, including husband, wife or civil partner

• a partner’s siblings

• a sibling or parent

• a child, including stepchildren

• a grandchild, and their partners

• an aunt, uncle, nephew or niece

If you inherit a croft from someone who's not a family member, the landlord can object to you inheriting the tenancy. The commission will decide if you can take on the tenancy.

If you disagree with a decision of the commission, you can appeal in the Land Court.

Resources for crofters

• the Crofting Commission provides advice and support for crofters

• the Scottish Crofting Federation provides information about crofting and a legal helpline for members

• RSABI provides farmers and crofters emotional, practical and financial support