As Scotland moves towards net zero, major infrastructure projects are accelerating, including SSEN Transmission’s Pathway to 2030 programme.
There is no doubt that upgrading our electricity network is a significant national undertaking. But for many of our members, these projects are not abstract policy ambitions, they involve very real conversations about land rights, access, compensation and long-term impacts on farming and crofting businesses.
Here’s what you need to know.
Voluntary Agreements (SSEN Transmission’s preferred approach)
SSEN Transmission has issued voluntary land rights documentation to affected landowners and occupiers. This is typically in the form of:
- Wayleave agreements (temporary rights), and
- Options for Deeds of Servitude (permanent rights, usually with higher remuneration).
In addition, agreements may include tenant consent or, in some cases, land purchase.
SSEN Transmission’s position is that voluntary agreements are its preferred route. However, members should be aware that statutory processes are being progressed in parallel.
Statutory Applications – Necessary Wayleaves & CPOs
Alongside voluntary discussions, SSEN Transmission has confirmed it will submit applications under the Electricity Act 1989, including:
- Necessary Wayleaves
- Compulsory Purchase Orders (CPOs)
These are being progressed to avoid delays to the project. SSEN Transmission has indicated that if a voluntary agreement is concluded, any related statutory application would be withdrawn.
In practical terms, this means many landowners will already have received:
- A voluntary wayleave agreement, and
- A 21-day statutory notice signalling intent to apply for a necessary wayleave
- Notification of necessary wayleave application and rights to be heard
Given the accelerated nature of these projects, some members may have received both wayleave and 21 day notice at the same time.
Wayleave vs Deed of Servitude – Why It Matters
It is important to understand the distinction:
- Wayleave: Runs with the affected party and simpler to conclude.
- Deed of Servitude: Permanent legal right over land; more complex and can take months to finalise.
SSEN Transmission has encouraged landowners to sign a wayleave first while a deed of servitude progresses, with the servitude replacing the wayleave once completed.
Members should take independent advice before signing any documentation to ensure long-term business interests are protected.
Compensation & Legal Considerations
Where a necessary wayleave or CPO is granted:
- It may not later be replaced by a voluntary agreement.
- The amount of compensation, and when it is paid, could be different.
- If you can’t agree on compensation, it may be settled through a legal process.
SSEN Transmission is encouraging early discussions to avoid delays and ensure that if a voluntary deal can be reached then there is time to achieve this without fully committing to the statutory process. However, landowners should only enter discussions once they fully understand their position and are confident the terms are fair.
Access Rights & Land Purchase
Some access rights can only be agreed through:
- A permanent legal agreement (a deed of servitude), or
- Buying the land.
In these situations, SSEN Transmission may use a Compulsory Purchase Order to support its position in negotiations.
What Should Members Do?
Infrastructure of this scale has long-term implications for farming and crofting businesses. Our key advice to members is:
- Do not ignore correspondence
- Seek professional legal and valuation advice early
- Understand the difference between voluntary agreements and statutory powers
- Consider the long-term operational impact on your business
We recognise the urgency of national grid investment, but that urgency must not override fairness, transparency and appropriate compensation for Scotland’s land managers.
NFU Scotland’s Position
Scottish farming and crofting are essential to Scotland’s food production, climate goals and rural communities. As the main users of Scotland’s land, farmers and crofters must be treated as partners in the move to net zero.
We will continue working with SSEN Transmission, the Scottish Government and regulators to make sure there is:
- A fair process
- Clear and timely communication
- Proper compensation
- Respect for productive farmland
If you’re affected by the Pathway to 2030 projects and would like to raise concerns or share your experience, please contact
contactus@nfus.org.uk .