Just over five years after it was introduced, one of Scotland’s boldest land reform powers has only been used twice.
The Right to Buy Land to Further Sustainable Development, introduced in 2020 under Part 5 of the Land Reform (Scotland) Act 2016, allows community bodies to apply to Scottish Ministers for consent to purchase land or property where doing so would help achieve sustainable development and result in significant benefit to the community
In other words, it gives communities the power to secure land for projects that promote long-term social, environmental and economic wellbeing - through a form of compulsory acquisition.
So far, only two successful applications have been recorded, with a search of the public register showing only a handful of other applications either being withdrawn or declined. However, this might change.
With the Land Reform (Scotland) Act 2025 now passed and the Government’s review of community rights to buy under way, attention is turning to how the framework can be made more effective. The review’s findings, which were published at the end of last year, will help shape the next phase of land reform and determine how communities can more easily use the powers already available to them.
From the outset, the principle behind the legislation was clear: communities should have the opportunity to acquire and use land in ways that benefit the community and promote social wellbeing, environmental stewardship, regeneration and economic resilience. Yet while the ambition was significant, uptake has been modest.
The first successful application came in 2023, when a group called Poets’ Neuk sought to acquire an overgrown plot in the centre of St Andrews to create a public poetry garden.
For an application to succeed, Scottish Ministers must be satisfied that: the transfer would further sustainable development; it serves the public interest; it would deliver significant community benefit in the most practicable way; and refusal would likely cause harm to the community.
In Poets’ Neuk’s case, the project aligned with the principle of creating a strong, healthy and just society. The ruling confirmed that sustainable development does not need to be commercially driven - objectives like community cohesion and inclusive land use can also satisfy the legal test.
The decision was significant in itself, as it recognised that sustainable development can be achieved through social and cultural value rather than economic return. Its importance grew further when the landowner of the St Andrews site appealed. Whilst the appeal, the first of its kind to be considered by the Sheriff Appeal Court, was refused, the decision provides a useful insight into how Courts are likely to interpret the strict tests set out in the legislation. Ultimately it was held that the Scottish Ministers had properly applied the relevant legal tests and had placed appropriate emphasis on social sustainability, recognising that transforming an unused space into a community garden would promote wellbeing, inclusion and cultural life in the local area.
In October last year, a community group in Perthshire, who wish to acquire a neglected heritage orchard, became only the second successful applicants to receive Ministers' consent to exercise the right to buy land to further sustainable development. Ministers were again satisfied that all of the conditions in the 2016 Act had been met including that the acquisition of the orchard would further the achievement of sustainable development. Again, social sustainability - the positive social benefits that having an outdoor space for use by the community is likely to have, and environmental sustainability were important factors taken into account. The community body should now be able to proceed to acquire the orchard at market value.
These cases demonstrate that the framework can work, so why hasn’t it been used more and what would make it more accessible in practice?
The core challenge is that, for many community bodies, the process remains difficult to navigate. Preparing an application is a demanding process and requires extensive evidence gathering, business planning, and often expert input from lawyers, valuers and environmental specialists. For smaller or volunteer-led organisations, this can be daunting. Funding support exists through schemes such as the Scottish Land Fund, but timing and eligibility can still pose challenges.
There is also an element of uncertainty. The concept of “sustainable development” is open to interpretation, and potential applicants may hesitate if outcomes feel unpredictable or if the process appears weighted towards formal procedure rather than local ambition. A lack of awareness and early-stage guidance can discourage groups before they begin.
This is why the Scottish Government’s ongoing review of community right-to-buy mechanisms will be important. Together with the Land Reform (Scotland) Act 2025’s efforts to increase transparency and improve engagement, the review presents an opportunity to strengthen how the system operates in practice.
From a legal standpoint, there is scope to improve accessibility without compromising the integrity of the process. The thresholds for approval should remain robust, but the path to getting there could be more manageable.
The cases mentioned show what’s possible when the system works. They also reflect the careful balance that must be maintained between individual property rights and the wider social good - something that has always been at the heart of Scotland’s land reform programme.
If community empowerment is to remain a core aim of that programme, then rights like this must be more than symbolic. With the right support, the community Right to Buy can fulfil its original promise and play a meaningful role in shaping the future of Scotland’s land.
This article was published in The Herald - read the original article here.
