To ask the Scottish Executive what measures are available to provide communities in (a) rural and (b) urban areas with the right to buy (i) land and (ii) properties on a compulsory, or any other, basis.
The Land Reform (Scotland) Act2003, Part 3 provides for a crofting community right to buy eligible croft landat any time, subject only to ministerial approval of an application by a croftingcommunity body to use the right to buy (i.e. on a compulsory basis).
Part 2 of that act allows ruralcommunity bodies to register an interest in rural land (defined, for the purposesof the Community Right to Buy, as land other than excluded settlements of over 10,000population) and the right to buy that land when it comes to be sold. This is a pre-emptiveright to buy.
These rights relate to the acquisitionof land and any property or property right that is considered to be part of theland asset such as buildings. There is no right to buy moveable property or mosttypes of tenancy.
Forestry Commission Scotland’sNational Forest Land Scheme gives communities the opportunity to buy any part of the national forest estate, even though the land has not come up for sale, so longas they can satisfy the eight criteria of the scheme.
The National Forest Land Schemealso provides for the commission to sell national forest land for affordable housingto housing associations and trusts, and for “sponsored” land sales, where communitieswill have the first opportunity to buy surplus national forest land that the commissionproposes to sell.
The scheme builds on the Rightto Buy principles enshrined in the Land Reform Act, but goes a step further by enablingcommunities to initiate discussions where national forest land is not actually upfor sale.
The National Forest Land SchemeGuidance can be found at
www.forestry.gov.uk/nflsThe Transfer of Crofting Estates(Scotland) Act 1997 enables the transfer of Scottish ministers’ crofting estates tocrofting trusts. Any interests in mineral, sporting or other rights relating tothese estates may also be transferred. The act allows the disposal of crofting propertyonly to organisations which are considered properly representative of relevant croftingestates and which have the promotion of the interests of the persons residing onthe estate as their primary objective. Before agreeing to disposal the Scottishministers must first consult the Crofters Commission.
Under the act, financial assistancecan be provided by Scottish ministers towards the start up costs of a body to whomcrofting property is being transferred and for the legal expenses of the transfer.Any rights of pre‑emption are extinguished under the act which allows thoseaffected by this to submit a claim for compensation within a specified period witha right of appeal by the claimant to the Scottish Land Court.
The definition of rural landused for Community Right to Buy purposes (and the Community Acquisition provisionsof the National Forest Land Scheme) means that the areas covered by those schemesextend beyond the Executive’s core definition of rural areas. There are howeverno specific schemes to provide for community purchase of land and property currentlyexcluded by the Land Reform (Scotland) Act 2003.