Community Right to Buy: What has changed in the Land Reform (Scotland) Act 2025?

In 2024 we published a series of articles on land reform, highlighting the Scottish Government’s proposals for changes to the ownership, management, and use of land in Scotland.

Since then, The Land Reform (Scotland) Bill was passed on 5 November 2025 and received Royal Assent on 16 December 2025, and has become the Land Reform (Scotland) Act 2025.

In our more recent series we commented on the changes to the final version of the Bill, including our recent article on the management of large landholdings.

This article now focuses on the relevant changes in the Community Right to Buy reforms and the final position as enacted.

Community Right to Buy.

Rights for communities to buy land were first introduced in the Land Reform (Scotland) Act 2003. Those rights were then amended and expanded in the Community Empowerment (Scotland) Act 2015 and the Land Reform (Scotland) Act 2016.

These all give rights to compliant community bodies to either register an interest in and buy or acquire land with a compulsory right. The 2025 Act expanded the rights further.

As outlined in our previous article, the Act introduced a new, temporary prohibition on the transfer of land by the owner, or a creditor in a standard security having a right to sell the land – in order to allow eligible community bodies additional time and opportunity to submit an application to register an interest in the land.

The process in the Act as passed mainly remains the same as initially outlined in the Bill – please see our previous article for further detail.

We are now going to focus on the changes made to the Act as it was passed.

Changes between the Bill as introduced and the Act.

Ministers to keep record of persons to notify of possible land transfers

Firstly, a provision has been added to the Act which requires the Scottish Ministers to issue guidance in relation to any changes to be made to the list of the persons/community bodies who wish to be notified about any possible land transfers in their particular area.

Such guidance must be made publicly available as soon as practicable. While we await the content, this will hopefully provide some further clarity on the administration of the list of relevant parties in due course.

The land and landowners affected by the Act

The definitions of the land affected by these provisions as well as the definitions of “connected persons” have been tinkered with to capture as many different situations as possible.

The provisions of the Act still apply where the land is or forms part of a large holding (single or composite holding exceeding 1,000 hectares).

However, this has been slightly changed to include two or more smaller holdings (if the holdings are over 1,000 hectares in aggregate), which are within 250 metres of each other and owned within the same family or corporate group.

The reference to corporate entities has also been slightly broadened to include unregistered companies, LLPs, and Partnerships.

Lastly, “persons” are also “connected” where the same person has got a “controlling interest” in the other owners, for example when a person has influence or control over the person listed as the owner or tenant of the land.

There remains scope for ambiguity in interpretation of these provisions, and arbitrary outcomes on what land may or may not be caught by the prohibition, depending upon ownership structures.

Timescales to make a decision to lift the prohibition

The Bill as introduced was widely criticised for not providing any specific timelines for the Ministers to deal with applications from community bodies, to provide the notice to the landowner that the prohibition has been lifted, or if any further prohibition is being imposed.

The Act now provides that the Ministers have 60 days (beginning with the day that Ministers fulfilled their duty to publicise the information about possible transfer) to decide whether they are to give notice that the prohibition is lifted or to impose a further prohibition.

However, the Act also states that any failure to comply with the time limit does not affect the validity of anything done under this section of the Act, so the time limit is of limited benefit.

Once the decision to impose a further prohibition has been made, the period for which this further prohibition can be imposed is now 70 days (extended from 40 days in the earliest version of the Bill).

Anti-avoidance provisions

The Act also adds some loose anti-avoidance provisions, requiring the landowner transferring the land to make a declaration in prescribed form, confirming that the transfer is not in contravention of any prohibition under the provisions of the Act.

Subordinate legislation

In common with large parts of the Bill as originally introduced, the Ministers have powers to enact subordinate legislation on a number of fundamental points.

This includes powers to modify the period for which any further prohibition applies, as well as the definition of the land affected by the legislation, and any exemptions.

That means, there remains scope for the goalposts to be moved significantly.

What happens next?

While some of the changes made to the Bill as introduced are relatively mundane, others do broaden or widen the previous provisions (such as the land that might be affected).

However, we are yet to see how the provisions will be implemented and what further details the Ministers might include in their secondary legislation, so complete clarity may be some way off.

If you have any questions about how the Act may affect you or your organisation, please get in touch with our market leading Rural team and we will be happy to help.

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