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Evaluate and acquire a croft

URN: LANCSH3
Business Sectors (Suites): Crofting and Smallholding
Developed by: Lantra
Approved on: 2022

Overview

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All crofts are regulated by the Crofting Commission. Both tenant and owner-occupier crofters have a duty to: 

  • Be ordinarily resident on, or within 32 kilometres of their croft 
  • Cultivate and maintain the croft (This refers to the croft being used for cultivation or put to another purposeful use. This includes horticulture, keeping livestock, including poultry and bees, the growing of crops and the planting of trees).
  • Not to misuse or neglect the croft

Once you have decided to take on the tenancy, or to buy a croft as an own-er/occupier, you will need to know how best to utilise it, within the legislation governing the use of that land and permitted activities. 

Certain activities and animals require or flourish in specific locations, and on par-ticular soils, so it is important to match the location and the activity if the venture is to be successful.

What taking on a croft involves:

  • Consideration of geographical location, climate, altitude, aspect, accessi-bility, proximity to potential markets or customers
  • Consideration of the buildings required by the total enterprise on your croft - working and living accommodation (where this is required)
  • Establishing the size and quality of land available, including any appor-tionments and Common Grazing shares 
  • Consideration of financial constraints, eligibility for Crofting Grants and other mechanisms to support your venture.

This standard is for anyone looking to acquire a croft.

Performance criteria

You must be able to:

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  1. find out about the legislation governing croft land and local Common Grazing regulations 
  2. decide on your requirements for establishing a croft
  3. research the availability of suitable crofts to buy or lease
  4. investigate possible crofts for any issues with their location, such as flooding, access, availability of utilities and amenities, condition, the cost of any re-pairs or improvements and the legal requirements
  5. investigate if any changes will be required to the existing croft to accommo-date your activities, the cost, legal requirements and permissions needed 
  6. determine the market demand for any products or services you wish to offer, and decide how you will supply your customers
  7. find out the seasonal population variations that might affect your business
  8. check the legal requirements for running a croft and if there are any further restrictions on the use of the land or property
  9. determine the labour requirements to run the croft, if you will need to employ someone and the implications of this
  10. work out how much it will cost to get the venture started and operating
  11. investigate opportunities for grants, subsidies or other forms of funding or assistance 
  12. seek specialist advice where required

Knowledge and Understanding

You need to know and understand:

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  1. where to find out about the availability of crofts for sale or lease
  2. the suitability and condition of the access, both to and around the croft 
  3. the need for any special boundaries/hedges/fences and the sizes of any fields
  4. the need to establish and maintain boundaries or buildings and the cost and legal implications of this
  5. the condition of the property and the cost and legal implications of any work required
  6. the cost, legal implications and permissions needed for any changes to the existing croft, including the requirements of the Crofting Commission, Local Authority Planning and Scottish Environmental Protection Agency (SEPA) consent or environmental impact assessments by NatureScot, which may be required 
  7. the availability of public utilities and mains services, including broadband, the implications of this and the opportunities for renewable energy production
  8. the availability of a water supply and where is it from – municipal, private or shared, and how  water is supplied to where you need it, which could be in fields or barns
  9. the availability of schools, shops, doctors, other services or social provision in the area
  10. the availability of business suppliers (feed, seeds, fertiliser, vets, repairs) in the area
  11. the importance of identifying or establishing a market for any products or services, and finding out what competition is there
  12. that any food production process, tourist-type accommodation or educational enterprise will need to meet Local Authority standards
  13. how your product could be transported to your customers and the cost of distribution
  14. the implications of any public footpaths/Rights of Way, Wayleaves, Mineral Rights, sporting rights or other covenants over the land
  15. any other restrictions on the use of the land or property e.g. Special Site of Scientific Interest (SSSI), Listed Buildings status, tree protection orders or Environmentally Sensitive Area(s) (ESAs)
  16. how common grazing regulations and souming rules work and how they might affect the livestock you wish to keep
  17. the requirement that to obtain livestock grants you will need to buy “entitle-ment” for the amount of stock you intend to keep
  18. the labour required to run the croft and the implications of employing staff 
  19. the legal and other business obligations
  20. how to work out the cost of getting the venture started and operating and what needs to be included in the calculation
  21. where to find information on grants, subsidies or other forms of funding or assistance that might be available
  22. where to obtain professional advice and guidance and what type of advice is available

Scope/range

Scope Performance

Scope Knowledge

Values

Behaviours

Skills

Glossary

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Business obligations including:

  • Holding registration, environmental requirements, waste regulations, opera-tors’ licences, Scottish Environment Protection Agency (SEPA)
  • Defra regulations 
  • Less Favoured Area Support Scheme (LFASS), Crofting Law together with township/Common Grazings Rules and Regulations 
  • Keeping animals involves registration, traceability, medicines records, movement and transport records
  • Animal health and welfare regulations (including transport of livestock)
  • Health and Safety regulations, Fire Regulations, hygiene regulations, public health regulations
  • Public Health regulations for visitors to your property
  • Trading standards, sale of goods 
  • Company returns, VAT and other financial records
  • Insurances
  • Requirements for training and certification

Information and advice could be obtained from:

  • Breed organisations and societies, local associations, The National Farmers' Retail & Markets Association (FARMA), livestock market organisations
  • Local horticultural trade associations
  • Scottish Crofting Federation (SCF), National Farmers’ Union Scotland (NFUS), Forestry and Land Scotland (FLS), Scottish Tenant Farmers’ Asso-ciation, Scottish Agricultural College (SAC), NatureScot, land agents
  • Federation of Small Businesses (FSB), Scottish Land and Estates etc
  • Agricultural Shows, Farmer’s markets, local livestock markets, local agricul-tural suppliers, agricultural press and websites (use with care and make sure information given applies in the UK), community groups
  • Local Wildlife Trust, Farming and Wildlife Advisory Group (FWAG), Barn Owl Trust, RSPB etc 
  • Internet discussion groups and social media (with caution)
  • Biofuel, windfarms, Soil Association, Organic farmers and Growers etc.
  • Banks, Business Gateway, Business support helpline on the gov.uk website, Crofting Commission, Defra, Scottish Government Rural Inspectorate and Payments Directorate (SGRIPD), Princes Trust, Highland & Islands Enter-prise (HIE)
  • Solicitors specialising in crofting law

Links To Other NOS

External Links

Version Number

2

Indicative Review Date

2027

Validity

Current

Status

Original

Originating Organisation

Lantra

Original URN

LANCSH3

Relevant Occupations

Crofter

SOC Code

5111

Keywords

croft; crofter