Assignation of a Croft: a step by step guide | Helping farmers in Scotland

Do you wish to assign your croft, or are you hoping to have a croft assigned to you?

I wish to assign my croft
I wish to have a croft assigned to me

Have you made an agreement with the outgoing crofter? If so, check that you meet the Duties of a Crofter before proceeding.

A straightforward approval can be made if:

The proposed tenant will be ordinarily resident within 32 kilometres of the croft or will be within 18 months of obtaining the croft tenancy.
The proposed tenant does not already have more than two crofts and demand has not been expressed for the tenancy.
Evidence has been provided they will cultivate the croft and/or put it to another purposeful use.
The proposed tenant has the skills to carry out their proposals for the croft or is willing to undertake relevant training.
There have been no objections.

If you meet the duties of a crofter, then you can fill in the second half of the Assignation form, detailing how you will use the croft and the skills you can bring to the crofting community.

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 an OOC or 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 on this website:

Register of Crofts (ROC) | Crofting Commission (scotland.gov.uk) ↗

Do you want to assign one croft, or more than one croft?

I wish to assign 1 croft
I wish to assign several crofts

If you are assigning several crofts, you will need to repeat the process for each croft. You can check the Register of Crofts for details and Registration number for each croft on this website:

Register of Crofts (ROC) | Crofting Commission (scotland.gov.uk) ↗

Is the croft(s) being assigned already registered on the map-based Crofting Register

RoS Crofting Register ↗

Yes
No
I am unsure

If the croft is already registered with Registers of Scotland the new tenant must apply to register the assignation using Form B – Subsequent Event.

This must be done within 3 months of the date letter from the Crofting Commission to approve the assignation.

The assignation will take effect on the date it is registered on the Registers of Scotland’s

Crofting Register Crofting Register Form B (ros.gov.uk)

You will need to register your croft, preferably at the same time as submitting the Assignation form. For more information, check this link:

Who should register, and when - RoS Knowledge Base ↗

You will need to register your croft, preferably at the same time as submitting the Assignation form.

You can check to see if your croft is registered here: Crofting Register (ros.gov.uk) ↗

For more information, follow this link: Who should register, and when - RoS Knowledge Base ↗

Is there a house on the croft that has not been decrofted or resumed?

Yes
No
I am unsure

You can check to see if there have been any decrofting orders issued for your croft by checking the Register of Crofts:

Check the Register of Crofts for details:

Register of Crofts (ROC) | Crofting Commission (scotland.gov.uk) ↗

For resumptions, check with the Scottish Land Court at SLCourtMailbox@scotcourts.gov.uk

Do you want to assign the house alongside the croft?

Yes
No

Please note: If the Crofting Commission approve your application, everything that is held in tenancy will be transferred to the new tenant. So, if there is a house on the croft that you want to keep, you must either decroft and/or purchase the house before you assign the tenancy.

You will need to decroft the house first, before assigning.

If the Crofting Commission approve your application, everything that is held in tenancy will be transferred to the new tenant. So, if there is a house on the croft that you want to keep, you must either decroft and/or purchase the house before you assign the tenancy.

Be aware that this could take several years before it is fully effected.

If the croft was already registered with Registers of Scotland the decrofting application will be quicker; otherwise the decrofting application will only take effect once the croft is registered.

Please watch this short video for more information:

Decrofting | Information helping farmers in Scotland | Farm Advisory Service (fas.scot) ↗

Are there other buildings on the croft?

No
Yes

Consider whether you wish to transfer these buildings to the incoming crofter. If not, you will need to decroft the buildings first, before assigning. Be aware that a grant may be reclaimed if you have received a grant on the building in the last 5 years.

Be aware that decrofting will take some time. Please see this video for more information:

Decrofting | Information helping farmers in Scotland | Farm Advisory Service (fas.scot) ↗

Is the proposed tenant able to meet the Duties of a crofter?

Yes
No
I am unsure

If the proposed tenant cannot meet the duties expected, your application will be unsuccessful.

This short video explains the Duties that crofters need to meet with:

Crofters Duties | Information helping farmers in Scotland | Farm Advisory Service (fas.scot) ↗

This short video explains the Duties that crofters need to meet with:

Crofters Duties | Information helping farmers in Scotland | Farm Advisory Service (fas.scot) ↗

Complete the Assignation Form

You can now complete the Assignation Form
Form.pdf (scotland.gov.uk)

Make sure you follow these steps:

Have you notified the landlord?

Yes
No

Complete Appendix 2 and send a copy of the entire assignation form to your landlord, and ask your landlord to sign 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 that can be included with the Assignation form when you submit the form to the Crofting Commission

Has the landlord signed section 2A of the form (Landlord Declaration)?

Yes
No

Send the form (contained within the application form) to your landlord. Obtain Proof of Postage to include with the Assignation form when you submit the form to the Crofting Commission

Have you checked the list of where to advertise?

Yes
No

Here is the link to the list of approved newspapers for advertising

Factsheet Advertising 200416 [PDF] (scotland.gov.uk)

Have you placed the advert?

Yes
No

Insert the date of your advert, and newspaper name into the application form

Arrange the advert and insert the date of your advert, and newspaper name, into the application form.

An example format advert is in the "Assignation – Croft Tenancy Guidance Notes"

Assignation Grazing Share Guidance Notes [PDF] (scotland.gov.uk)

Have you sent your Assignation application?

Yes
No

Don’t forget to send your Crofting Register application if required (see Q4)

Send your proposal (plus croft registration if croft is not already registered) to the Crofting Commission. It is recommended to send the form(s) as “signed for”.

You can check your application has been received at:

Applications and Notifications Received | Crofting Commission (scotland.gov.uk) ↗

Don’t forget to send your Crofting Register application if required (see Q4)

What Happens Next?
The Crofting Commission will send the applicant or their agent an acknowledgement letter.

Providing the croft is registered with the Keeper of the Registers of Scotland, at the end of the 28 day consultation period the Crofting Commission will decide whether or not to grant the application or to investigate further.

Anyone who may have an interest in the application has 28 days, from the date you place the advert in the newspaper, to send comments to the Commission.

If the Commission decide to investigate further they will notify all interested parties and take a decision within 12-16 weeks. The decision can be appealed to the Scottish Land Court within 42 days from the date interested parties are notified.

Finally
Make sure that you return the Notification Form that accompanies the Commission’s decision letter, otherwise, the assignation will not take effect.

Make sure that you update the new assignation on the Crofting Register within 3 months otherwise, the assignation will not take effect.

Application forms for crofting - RoS Knowledge Base ↗

Name

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Assignation of a Croft: a step-by-step guide

Complete the Assignation Form

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