Decrofting House and Garden Ground

Decrofting is the term used when land is removed from crofting tenure. This step-by-step guide explains the steps needed for decrofting a Statutory Croft House Site and Garden Ground.

There are several types of Decrofting, and different application forms for each. The most frequent applications are for decrofting a house and garden ground, or for decrofting part of a croft. Other applications are for whole crofts, or for development schemes. The form required depends on whether the applicant is a tenant or owner occupier crofter.

Common reasons for decrofting are to allow a mortgage to be obtained, perhaps in order to raise funds, or to separate the house from the croft, perhaps when passing on the croft.

Crofters have a right to decroft one statutory croft house site and a reasonable area of garden ground. The statutory house must be wind and watertight. If the house is not wind and watertight, or if you wish to decroft a plot, or a bit a garden, or another house on the croft, then apply through the Decrofting – Part Croft application.

‘Resumption’ has the same effect as ‘decrofting’, however, Decrofting is carried out by the tenant or owner occupier crofter, via the Crofting Commission, whereas a Resumption is carried out by the landlord, via the Land Court.

Q1. Is there already, or has there ever been, a Decrofted house or site on the croft?*
- Yes, there is already a decrofted house/site
- No
- I am unsure
Check the Register of Crofts online at Register of Crofts (ROC) | Crofting Commission (scotland.gov.uk), or email the Crofting Commission at info@crofting.gov.scot and ask for details of any decrofting directions.
Q2. Has there been a previous decrofting of a “statutory” house on the croft?*
- Yes
- No
- I am unsure
If the area is not the original croft house and garden ground, you will need to complete a “part-croft” decrofting form.

Please see the step-by-step guide to the 'part croft' decrofting process here.
Check the Register of Crofts for recent decrofting directions, Register of Crofts (ROC) | Crofting Commission (scotland.gov.uk), or email the Crofting Commission at info@crofting.gov.scot to ask for copies of previous decrofting directions.

Check whether the previous decroftings are for a “Statutory” Croft House Site and Garden Ground.
Q3. Are you the current tenant?*
- I am the current tenant
- I am an owner occupier crofter
- I am a landlord of a vacant croft
- I am unsure
If you are a Landlord, you will need to follow a different process. See the information in this link for further details: Change of ownership of a croft or part of a croft | Crofting Commission (scotland.gov.uk)
To find out whether you are a tenant, owner occupier crofter, or landlord, check the Register of Crofts (ROC) | Crofting Commission (scotland.gov.uk)
Q4. Is the house habitable?*
- Yes
- No
Complete a “part croft” decrofting application rather than “Croft House and Garden Ground” application.

Please see the step-by-step guide to the 'part croft' decrofting process here.
Q5. Is there access to the croftland outwith the proposed decrofting area?*
- Yes
- No
Ensure you show the access area on your drawing or plan of the croft.

This might be a gate off a main road, or access off a road to the crofthouse.
You need to ensure that your decrofting plan does not remove a previous access point, or limit access in any way to the remainder off the croft.

Think ahead to a situation where the croft might be used by someone other than the person living in the decrofted house.
Q6. Are you intending to decroft an area containing a garage or shed or other areas?*
- Yes
- No
Note that a garage can be viewed as part of the garden area, however any agricultural sheds or features would come under ‘part-croft’ decrofting, which is a separate application.
Q7. Is the croft already registered on the map-based Crofting Register?*
- Yes
- No
- I am unsure
If the croft is already registered with Registers of Scotland you will need to update the register using ‘Form B – Subsequent Event’, should your decrofting application be approved.

The Form B should not be submitted until after the decrofting has been approved. Crofting Register Form B (ros.gov.uk)
You will need to apply to register your croft, preferably at same time as submitting the Decrofting form.

If your croft is unregistered, the Commission will be unable to make a decision on your decrofting application until the croft has been registered with the Keeper of the Registers of Scotland.

To avoid delays, your decrofting application should be accompanied by your application to register the croft on the Crofting Register (ROS Form A). This must be accompanied by a map showing the boundaries of the croft along with the registration fee.

For more information, check this link Who should register and when - RoS Knowledge Base
You can check to see if your croft is registered here: Crofting Register (ros.gov.uk)

a) If your croft is unregistered, the Commission will be unable to make a decision on your decrofting application until the croft has been registered with the Keeper of the Registers of Scotland.

To avoid delays, your decrofting application should be accompanied by your application to register the croft on the Crofting Register (ROS Form A). This must be accompanied by a map showing the boundaries of the croft along with the registration fee.

For more information, check this link Who should register and when - RoS Knowledge Base

b) If the croft is already registered with Registers of Scotland you will need to complete an update to the register using ‘Form B – Subsequent Event’ should your decrofting application be approved. The Form B should not be submitted until after the decrofting has been approved.

Crofting Register Form B (ros.gov.uk)
Q8. Do you have a drawing or plan of the area you wish to decroft?*
- Yes
- No
An area of 0.20 hectares is more likely to be approved quickly. An area of more than 0.20 hectares will need justification e.g., an established large garden, and the timeframe for processing will be longer.
You will need a Plan, with dimensions, to show the boundary dimensions and area. Please note, an area of 0.20 hectares is more likely to be approved quickly. An area of more than 0.20 hectares will need justification.

Planning Considerations | Crofting Commission (scotland.gov.uk)
Q9. Have you sent a copy of the Plan to your landlord?*
- Yes
- No
- N/A - I am an owner occupier crofter
Remember to also complete Appendix 2 and send a copy of the Plan to your landlord, and ask your landlord to sign and return Appendix 2A (contained within the application form).
Complete Appendix 2 and send a copy of the Plan to your landlord, and ask your landlord to sign and return Appendix 2A (contained within the application form).

Unless you are certain your landlord will sign and return the Appendix 2A, it is best to obtain Proof of Postage.
Q10. Have you discussed purchase of the decrofted area with your landlord?*
- Yes
- No
If you are a tenant and your application is approved, the Crofting Commission will issue an ‘Advance of Purchase’ decrofting direction. You or your nominee must purchase the area approved within 5 years.

The Commission must also be notified within 3 months of the purchase.
It is worth discussing the purchase with your landlord, and a solicitor, so that the transaction cost is clear.

If you are a tenant and your application is approved, the Crofting Commission will issue an ‘Advance of Purchase’ decrofting direction. This means that you, or your nominee, must purchase the area approved within 5 years for the decrofting to take effect.

The Commission must also be notified within 3 months of the purchase.
Complete the Decrofting House Site and Garden Ground Form
You can now complete the Decrofting House Site and Garden Ground Form Decrofting - Croft House and Garden Ground Form.pdf

You can check if your application has been received at:

Applications and Notifications Received | Crofting Commission (scotland.gov.uk)
What happens next?
The Crofting Commission will send you or your agent an acknowledgement letter. There may be correspondence at this point to clarify certain points.

Providing the croft is registered on the Crofting Register, and all else is correct, the Crofting Commission will aim to take a decision in 6 weeks unless further investigation is required.
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Decrofting House and Garden Ground

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