Propertymark supports proposals to consolidate existing legislation into a single, modern statute would make the compulsory purchase process clearer and more efficient. The current framework is fragmented, with provisions spread across multiple Acts dating back to 1845.
Bringing these together would reduce complexity, cost, and uncertainty for those affected, but consolidation must not lead to the loss of key rights and safeguards. Propertymark has therefore urged Ministers to introduce robust transitional arrangements and ensure engagement with professional membership bodies during implementation.
We will continue to engage with the Scottish Government as legislative proposals develop and will support members with guidance once the new framework is introduced.
Strengthening engagement and transparency
To ensure consistent and meaningful consultations, there must be statutory requirements for early engagement with affected owners, occupiers, and commercial agents. This will help build trust and reduce disputes by making sure those affected have opportunities to raise concerns at an early stage.
We support proposals for local authorities to publish Compulsory Purchase Orders (CPOs) online, alongside continued use of newspaper notices to ensure transparency and inclusion for those without digital access. CPO documentation and data should be standardised across Scotland, with the Scottish Government engaging property professionals to ensure any templates or guidance are practical and easy to use.
Supporting flexible and fair powers
Acquiring authorities should have greater flexibility to create new rights in land and to take temporary possession, provided strong safeguards are in place. Temporary possession powers can allow regeneration and infrastructure projects to progress with less disruption than full acquisition, benefiting both authorities and property owners. We have called for clear limits on duration, notice periods, and compensation, as well as guidance on compliance with decarbonisation and energy efficiency obligations during temporary possession.
We also highlighted the potential benefits of back-to-back CPOs, where local authorities work in partnership with developers to unlock stalled or underused land. Early engagement with commercial agents and clearer statutory guidance will be important to help local authorities manage these complex cases efficiently.
Improving efficiency and fairness
Propertymark has stressed that professional engagement with qualified agents and surveyors should be built into each stage of the process, from valuation and entry to compensation, to ensure fairness and accuracy.
Clear timeframes and streamlined procedures must be in place for handling objections, confirmation, and implementation of CPOs, while maintaining flexibility for complex cases. The Scottish Government should trial a statutory period of between six and nine months for referring opposed cases to a Reporter, and written submissions should be allowed to help reduce costs and improve accessibility.
Where CPOs are unopposed, local authorities should have the power to confirm them, supported by robust consultation and procedural safeguards, to speed up straightforward cases.
Clear titles and modern records
To improve certainty in future transactions, we strongly support proposals for clean legal titles following compulsory purchase, with the removal of defects, servitudes, and outdated securities. This would make subsequent sales and valuations simpler, helping property professionals and reducing long-term disputes.
We also back amendments to the Title Conditions Act to clarify the compulsory purchase powers of acquiring authorities and recommend recording CPO acquisitions on the Land Register for transparency.
