Land Reform-where are we now?

Transcription

1 Land Reform-where are we now? An overview of the new community rights to buy and of proposals for further community engagement in land use. Rachel Oliphant Senior Practice Development Lawyer Pinsent Masons LLP

2 Background Scotland's land must be an asset that benefits the many, not the few Nicola Sturgeon 2014

3 Who owns Scotland?

4 Land Reform The Story so far 19 th Century Rights for crofters and agricultural tenants 1976 crofters right to buy Scottish Parliament established 1999 Abolition of Feudal Tenure etc (Scotland) Act 2000 Title Conditions (Scotland) Act 2005 Land Reform (Scotland) Act 2003 Agricultural Holdings (Scotland) Act 2003 Crofting Reform etc Acts 2007 and 2010 Land Registration (Scotland) Act 2012 Long Leases (Scotland) Act 2012 Community Empowerment (Scotland) Act 2015

5 Community Empowerment (Scotland) Act 2015 How might this affect you? Public bodies: National Outcomes Community Planning Participation Requests Participation in public decision making

6 Community Empowerment (Scotland) Act 2015 Property related issues: Changes to the community right to buy Introduction of right to buy abandoned or neglected land Crofting right to buy simplified Asset transfer requests and football clubs Common good land Allotments Non-domestic rates

7 Community right to buy gives right of first refusal to community when owner puts property on market registration lasts 5 years and can be renewed cannot be exercised if contract to buy the land or option to buy the land entered in to before right to buy registered registered in Register of Community Interests in Land (RCIL) purchase price calculated by District Valuer if not agreed

8 Community right to buy From 15 April 2016: extended to cover all land in Scotland (not just rural areas) includes salmon fishings and minerals (other than oil, coal, gas, gold and silver) procedures for exercising right to buy and making late application simplified ballot carried out by ballotter appointed and paid for by Scottish Ministers changes to Community Bodies

9 Community right to buy Community body needs to show that: Main purpose is to achieve sustainable development of the land Significant number of community members have a connection with the land Level of community support to justify giving community right to buy It is in the public interest

10 Community right to buy Pros Greater community involvement benefitting people of Scotland Cons Frustrating development proposals Time consuming Reduction in value of land Liability of property ownership

11 Right to buy "wholly or mainly abandoned or neglected" land and "detrimental land"

12 Detrimental land Land of which the use or management is such that it results in or causes harm to the environmental wellbeing of a community

13 Land Reform (Scotland) Bill Headline grabbing The Scottish Government are aiming for the most radical and ambitious land reform legislation possible

14 Who controls land in Scotland? Completion of Land Register Register of who controls land in Scotland

15 Land Reform (Scotland) Bill Part 1: Land Rights and Responsibilities Statement Part 2: The Scottish Land Commission Part 4: Engaging communities in decisions relating to land Part 6: Non-domestic rates imposed on shootings and deer forests

16 Land Reform Part 5: Right to buy land to further sustainable development Scottish Ministers need to be satisfied that transfer of the land is: Likely to achieve sustainable development In the public interest Likely to result in significant benefit to the community and Not granting consent is likely to result in significant harm to the community

17 Land Reform Part 10 Agricultural holdings Changes to the agricultural tenants right to buy No need to register an interest No exemption for options or missives concluded prior to the tenant registering an interest Absolute right to buy for tenants whose tenancy has continued for more than 50 years

18 Any questions?

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