Crofting

Is the Crofting Commission accepting notifications?

From 20 May 2020 the Crofting Commission announced that they will be accepting new applications. Staff are still working from home and this may have an influence the rate that applications can be processed.

Applications which are relate to statutory deadlines, or which relate to a Crofting Register form to notify the Commission that an event has taken place, will be given priority over other applications.

Statutory Deadlines

It is vital to continue to submit notifications that must be made to the Commission, for instance within 3 months of the date of an application being approved.

For example, it is essential to notify the Commission of a change in relation to:

• approval of an assignation application;
• approval of an application to enlarge or exchange croft land;
• approval of an application to the Scottish Land Court to resume land;
• approval of a letting, subletting or short lease application;
• a decision by the Commission to apportion common grazings.
  

It is important to submit the notification within the 3-month timescale.  

When the Commission has received your notification, they will prioritised these cases over other applications. If there is a delay to the processing of the notification, it will not affect the validity of the notification provided it was received by the Commission within the allocated timescale.

If you are in any doubt, please contact the Commission by email using the following address: info@crofting.gov.scot

Is the Crofting Commission able to conduct site visits?

Where applications require a site visit, the Crofting Commission will be unable to conduct any site visits until the current movement restrictions are eased.

Are hearings taking place?

Where any application involves a hearing, no hearings will take place until the current restrictions are eased and guidelines are published about how meetings can be safely conducted.

Is there updated guidance about the appointment of Common Grazing Committees?

The Crofting Commission has recognised that the new restrictions regarding social distancing has impacted the new appointment of Common Grazing Committees.

New guidance is available here: http://www.crofting.scotland.gov.uk/userfiles/file/Common_Grazings/Election_of_Grazings_Committees/COVID-19-Appointing-Committees.pdf?d=08/04/2020%2009:58:05

If you still have specific queries regarding the changes, please email the Crofting Commission via: Grazings@crofting.gov.scot

What happens if my grazing committee has fallen Out of Office?

A grazings committee has no power to re-appoint themselves without holding a public meeting. As public meetings have been postponed and cancelled due to Coronavirus, some committees may have fallen out-of-office.

Where a committee has fallen out-of-office after 3-years, the former committee members should approach the Commission. The Commission will then consider appointing a grazings committee under its statutory powers. The Commission can appoint a committee where crofters have been unable to, but it is vital they are notified to allow this process to commence.

If you still have specific queries, please email the Crofting Commission via: Grazings@crofting.gov.scot

I have had an application approved by the Commission in the last three months, what should I do?

The Crofting Commission have published information regarding effecting Commission decisions, available here: http://crofting.scotland.gov.uk/userfiles/file/regulatory_forms_and_guidance/EFFECTING-COMMISSION-REGULATORY-DECISIONS.pdf

How do I complete the Common Grazing Supporting document (PF27)?

• Scottish Government has relaxed the requirement to have a signature on the Common Grazing Supporting document (PF27).
• RPID must still receive written confirmation of the shares being transferred and the business receiving these. This can be done by either uploading the PF27 form or an email from a mandated business representative as supporting documentation. Alternatively, the form can be posted to the local area office.
  

Is there any planning guidance available for Crofters?

FAS have created templates to help Crofters plan for COVID-19. Please follow this link: https://www.fas.scot/downloads/croft-smallholders-emergency-plan/