Scottish Land Reform Bill ‘unworkable’, landowner group warns

Landowner organisation Scottish Land & Estates (SLE) has warned that the Scottish government’s Land Reform Bill is “unworkable” and could damage rural businesses across the country.

The Land Reform (Scotland) Bill began Stage 2 scrutiny in the Scottish Parliament’s Net Zero, Energy and Transport Committee this week, with the government aiming to complete this stage by the end of the month.

More than 500 amendments have been tabled – evidence, according to SLE chief executive Sarah-Jane Laing, that the legislation was “fundamentally flawed from the start”.

See also: Landowners alarmed by Scotland’s Land Reform Bill progress

SLE is particularly concerned about proposals that would give ministers powers to intervene in the sale of landholdings of more than 1,000ha, potentially forcing the breakup of farms, forests and estates.

“A sweeping prior notification requirement would block the sale of land – regardless of size – without ministerial approval,” said Ms Laing.

“This could affect anything from selling a garden strip to enabling housing or renewable projects.”

She added that new rules would place “complex burdens” on all landowners, from family farms to large estates, including mandatory land management plans and transfer tests.

While SLE supports parts of the bill aimed at modernising tenancy law, it strongly opposes retrospective changes to 2003 tenancies.

These, Ms Laing warned, would favour sitting tenants and could discourage landlords from leasing land – limiting access for new entrants.

New compensation rules are also proposed, giving tenants a payment based on the land’s capital value.

Ms Laing branded this an “unjustified” policy shift and an example of “legal backsliding”.

She concluded: “Without meaningful change, this risks becoming a legislative mess with damaging consequences across rural Scotland.”

Government response

However, Scottish rural affairs secretary Mairi Gougeon insists the reforms will change how land is managed in rural and island communities “for the better”.

“Our bill ensures tenant farmers and smallholders are treated fairly and their essential role in rural Scotland is recognised, as well as taking steps to better ensure that landholdings in scope are transferred, used in ways that support communities, and take account of local need,” said Ms Gougeon.