Decrofting Part Croft

Decrofting is the term used when land is removed from crofting tenure. This step-by-step guide explains the steps needed for decrofting part of a croft.

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 also depends on whether the applicant is a tenant or owner occupier crofter.

Common reasons for decrofting are to allow a mortgage to be obtained to build a house by attaining title deeds, or to raise funds for croft improvements, or to separate a house from the croft, perhaps when passing on the croft, or to provide garden or amenity ground.

Crofters have a right to decroft one statutory croft house site and a reasonable area of garden ground. However, if the statutory house has already been decrofted, or isn’t habitable, then the ‘Decrofting – Part Croft’ form should be used. 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 route.

‘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
If there have been more than 2 decrofting directions issued in respect of the croft in the last 5 years, this may slow the application as the Crofting Commission will investigate further.
If there are no previous decroftings, and the house is an existing house, that is wind and watertight, you can use the Decrofting House and Garden Ground application form.

See this flowchart for help
Check the croft entry on the Register of Crofts online at Register of Crofts (ROC) | Crofting Commission (scotland.gov.uk), where recent decrofting orders are listed, or email the Crofting Commission at info@crofting.gov.scot and ask for details of any decrofting directions.
Q2. 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)
Q3. Are you decrofting an existing house or a plot for a house?*
- House
- Plot
Q4. Do you have Planning Permission?*
- Yes
- No
You need to apply for Planning Permission before applying to decroft.

See Planning Considerations | Crofting Commission (scotland.gov.uk) for more information and links to Local Authority websites.
Q5. Is there access to the croft 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 of 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, but an area containing an agricultural shed is likely to be refused.

Note that you may wish to use the Crofting Agricultural Grant Scheme to build a shed or other infrastructure in future, so consider the area carefully. CAGS is only eligible on croftland.

You may also wish to exclude any improvements for which you have only recently received grant aid.
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.
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
It is worth discussing the purchase with your landlord so that the transaction cost is clear.
Complete the Decrofting Part Croft Application Form
You can now complete the Decrofting Part Croft application form. Start by using the Crofting Commission Wizard to find your croft.

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.

The Crofting Commission will place an advert in a local paper allowing 28 days for comment.

Anyone who may have an interest in the application has 28 days, from the date of the advert in the newspaper, to send comments to the Commission, which you will be able to see and provide a response if required.

If no adverse submissions are received in response to the advert, and the area is no more than 0.2 hectares, then the decrofting direction will be issued.

If the area is more than 0.20 hectares, or many objections are received, the Crofting Commission will investigate further which will add up to 6 months to the process.

An appeal may be made to the Scottish Land Court within 42 days of the date of publication of the Commission’s decision.

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.
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Decrofting Part Croft

Complete the Decrofting Part Croft Application Form

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Decrofting Part Croft

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