A long-awaited overhaul
Much of Scotland’s compulsory purchase legislation dates back almost 200 years. The current framework is spread across several Acts and is often seen as complex, costly, and difficult to use.
Responses to the consultation demonstrated strong support for most of the proposed changes, including bringing compulsory purchase procedures and compensation rules together in a single new Compulsory Purchase Act.
The Scottish Government now intends to introduce legislation that will:
- replace outdated legislation with a single, modern statute;
- make approval procedures quicker and more certain, including clearer timescales and simpler processes for unopposed orders;
- allow greater use of digital notices and documents;
- give authorities more flexibility to create rights over land or take temporary possession where full acquisition is unnecessary;
- create one clearer process for taking possession after an order is confirmed; and
- modernise compensation rules and encourage faster settlements and advance payments.
Pressing for fairness and practical safeguards
We welcome the opportunity to make the system clearer, more efficient, and more transparent, but reform must not weaken protections for people whose property or land is affected. We are pleased to see these themes recognised clearly by the Scottish Government in the summary of consultation responses.
The forthcoming Bill should include early and meaningful engagement with owners, occupiers, and commercial agents; clear statutory guidance; robust transitional arrangements; and the involvement of qualified property professionals throughout the process. We also support greater flexibility for acquiring authorities, provided there are firm safeguards on notice, duration, compensation, and reinstatement.
More work on compensation and compulsory sale orders
The Scottish Government will commission research on how compensation should treat “hope value” — the potential additional value of land because of possible future development — and will consider the calculation of statutory loss payments.
The consultation also explored compulsory sale orders and compulsory lease orders, which do not currently exist in Scotland. While most respondents supported the principle of compulsory sale orders, views on compulsory lease orders were less clear. Plus, concerns were raised about complexity, added value and property rights. Ministers will continue to examine whether compulsory sale orders would offer a clear advantage over a reformed compulsory purchase process.
We will continue to engage with the Scottish Government as the legislation develops, ensuring members’ practical experience remains central to a system that can unlock stalled land and buildings without compromising fairness or confidence in property rights.
