A review by the Scottish Law Commission concluded the current legislation is outdated, and public bodies avoid using it because the processes are perceived as antagonistic, costly and time-consuming. Housing supply is under severe pressure across Scotland, and local authorities and other public bodies need appropriate tools to bring forward land for new homes and regeneration.
In our previous work on housing supply, we have stressed the importance of an “infrastructure first” approach, ensuring new development is supported by the right investment in local services and transport. Reforms to the CPO system must go hand in hand with wider planning and investment strategies to secure the homes Scotland needs.
A single, streamlined system
Currently, there are multiple procedures for different types of CPOs. The consultation proposes replacing this patchwork with one consistent and modernised process. This would be backed by clearer statutory guidance to help acquiring authorities, landowners, and communities understand their rights and responsibilities.
Transparency and accessibility
The reforms place strong emphasis on transparency. Standardised notices and the publication of key documents online would ensure that affected parties can access clear and consistent information throughout the process. A digital-first approach would also allow for electronic service of documents and more efficient communication.
Faster and more proportionate decisions
To tackle the long delays often associated with CPOs, statutory timescales would be introduced. The level of scrutiny applied to a case would also be proportionate to its complexity, speeding up decisions without undermining fairness.
Fairer compensation
Updating the rules on compensation is central to the reforms. Proposals include ensuring disturbance payments, valuation rules, and advance payments reflect the principles of fairness and equivalence. This would help give landowners confidence that they will not be left out of pocket when land is acquired.
Supporting regeneration, housing, and infrastructure
The Scottish Government intends to make it easier for public bodies, including local authorities, to use CPO powers. By simplifying how land can be assembled, the reforms aim to boost housing delivery, regeneration projects, and infrastructure investment across Scotland.
Clearer appeals and challenges
The consultation also proposes modernising how objections are handled, including the role of inquiries and the decision-making powers of Scottish Ministers.
How to respond
The consultation is open until 19 December 2025. Individuals can respond online by visiting the Scottish Government website.
Members can share views, questions and concerns about the reforms with Propertymark by emailing the Policy and Campaigns Team at [email protected].
