The Right to Buy Land to Further Sustainable Development (Eligible Land, Specified Types of Area and Restrictions on Transfers, Assignations and Dealing) (Scotland) Regulations 2020

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations make provision in connection with the right to buy land to further sustainable development under Part 5 of the Land Reform (Scotland) Act 2016 (“the 2016 Act”).

Under section 46(2)(a) of the 2016 Act, land on which there is a building or structure which is an individual’s home is excluded from the right to buy unless it is occupied by an individual under a tenancy. Regulation 3 sets out types of occupation or possession that are to be treated as a tenancy for the purposes of section 46(2)(a) of the 2016 Act. These are tied accommodation, occupation under a licence agreement that is in the nature of a tenancy, residential accommodation that relates to employment or education, temporary accommodation provided to homeless persons or occupation under a liferent.

Regulation 4 specifies types of land pertaining to an individual’s home which are excluded under the right to buy land to further sustainable development. This includes land that forms the curtilage of the home and land that is used for the following purposes: storage of possessions kept by the occupants of the home; drainage, water supply or the provision of other services such as media or electricity for the home; growing food which is principally for the subsistence of the occupants of the home; use for activities including recreation and leisure activities which are incidental to the use of the home; keeping pets belonging to the occupants of the home; and land used for access to the home, if the land is owned by the same person that owns that home.

Regulation 5 specifies, as excluded land, land that is held or used by a Minister of the Crown or a government department.

Regulation 6 specifies the ways in which a community may be defined for the purposes of section 49(9)(a) of the Act. That may be done by reference to various type of area, including an electoral ward or a community council area.

Regulation 7 sets out the period of time during which it is prohibited to transfer or take action with a view to transferring ownership of land or to assign an interest in a tenancy or take action with a view assigning such an interest. This period is referred to as “the restriction period” and applies to any person who would be authorised to carry out a prohibited transaction or action. The restriction period begins on the date on which an application made under section 54 of the Act first appears on the Register of Applications by Community Bodies to Buy Land and ends on the earliest of the dates specified in regulation 7(2) or (3), as the case may be.

Regulation 8 sets out what is prohibited during the restriction period. The prohibition applies to any transfer of land or assignation of a tenant’s interest that, in either case, forms the subject of an application under section 54 of the 2016 Act or action taken with a view to transferring such land or assigning such an interest. Regulation 8 makes further provision concerning what constitutes taking such action.

Regulation 9 sets out exceptions to the prohibitions in regulation 8. Where a transfer or assignation that is otherwise than for value, is between companies or is on the assumption or resignation or death of one more partners in a firm or trustees in a trust is part of a scheme of transfer or is one of a series of transactions, the main purpose or effect of which is to avoid regulation 8, it is not excepted under regulation 9.

Regulation 10 provides that when an owner is transferring their land or, as the case may be, a tenant is assigning their interest, during the restriction period, and is relying on regulation 9, certain declarations must be made.

Regulation 11 provides that any right of pre-emption, redemption or reversion and any rights or interests in land conferred under Part 2 of the Land Reform (Scotland) Act 2003 are suspended from the date on which a pending application made under section 54 of the 2016 Act appears in the Register of Applications by Community Bodies to Buy Land. The suspension ends on the earliest of the dates specified in regulation 7(2) or (3), as the case may be.

Business and Regulatory Impact Assessment, Data Protection Impact Assessment and Equality Impact Assessments have been prepared and placed in the Land Reform Unit, Directorate for Agriculture and Rural Economy, Victoria Quay, Edinburgh, EH6 6QQ.