The Land Reform (Scotland) Bill was passed by the Scottish Parliament on 5 November 2025. The Bill builds on earlier Land Reform Acts and is described by the Scottish Government as “an important step” in Scotland’s land reform “journey”.
What you need to know
The main thrust of the Bill is to put owners of large-scale landholdings under enhanced community engagement and transparency obligations, with their ability to transact with such land restricted. The Bill also introduces significant amendments to the Agricultural Holdings legislation.
Current position
The Bill began its life as a complex piece of draft legislation and its 20-month parliamentary process has not resulted in any simplification. There are significant concerns around the practicability of several of its provisions and it is thought likely that there will be an extended period of time before any of the provisions of practical import come into force. If experience of previous Land Reform legislation is any indicator, it is possible that parts of the Bill may never come into effect. Numerous parts of the Bill require significant secondary legislation to provide the detail and therefore, again, implementation may well be delayed.
Our Practical Summaries
To help you plan ahead, we have prepared detailed and practical summaries of the main provisions and impacts of both Part 1 & Part 2 of the Land Reform (Scotland) Bill for landowners and interested parties to be aware of.
Part 1 – Large Landholdings
- Community Engagement Obligations
- Land & Communities Commissioner
- Large Landholdings – Restrictions on Transfer
- Future Review and the Land Commission
- Key Takeaways – Part 1 Large Landholdings
View Land Reform (Scotland) Bill – Part 1 Large Landholdings Summary
Key Takeaways – Part 1 Large Landholdings
The Land Reform (Scotland) Bill requires significant detail to be fleshed out by secondary legislation, and it is hoped that problematic aspects relating to composite large landholdings will be resolved prior to the relevant provisions coming into force.
A brief summary of the key takeaways of Part 1 of the Bill for landowners and related parties to be aware of at this stage.
Implementation
It is likely to be some time before we see the detail in the regulations and the relevant sections take effect. Until that time, sales and other transactions will continue to proceed as they do at present.
Stakeholder Consultation
Stakeholder consultation will be undertaken on many parts of the Bill providing an opportunity for those who are, or may be, impacted by any area of the Bill, to make their voices heard and to try to shape the detail of the provisions.
Consultation provisions were added during the Bill’s passage through Parliament in connection specifically with regulations covering community engagement obligations, guidance around lotting decisions, and how the lotting process including the offer to buy provisions will operate. Many other regulations will also be consulted on as part of Scottish Government statutory duties to do so.
Large Landholdings & Planning Ahead
For large landholdings clearly within scope, early consideration should be given to the relevant information and development process for a Land Management Plan. This may include, identifying communities to be engaged with, documenting existing engagement strategies or considering whether new strategies will be needed. In so doing landowners should have in mind the aim of the legislator namely, the embedding of community involvement, and strategic planning into the governance of large landholdings in order to make land management more democratic and aligned with Scotland’s land reform objectives. Consideration of and interaction with Local Place Plans was discussed during the passage of the Bill, and while no specific provision made it into the final text, engagement with development of these may well be useful to inform or direct future engagement.
Although the exact information requirements for LMPs will not be known until the regulations are brought forward, giving consideration now to estate policies around implementation of the Scottish Outdoor Access Code, and deer management to prepare landowners for when the obligations come into force.
Equally, it is worth considering how any current land management contributes to net zero targets, climate change adaptation and increasing biodiversity. Although the intention of the Bill is not considered to create new binding obligations on landowners, many already undertake a range of projects which could naturally play a role towards achieving Net Zero goals, without necessarily having been undertaken for that specific purpose.
Download PDF: Land Reform (Scotland) Bill – Part 1 Large Landholdings Practical Summary
Part 2 – Leasing Land
- Model Leases
- Small Landholdings
- Agricultural Holdings
- Tenant Farming Commissioner
- Key Takeaways – Part 2 Leasing Land
View Land Reform (Scotland) Bill – Part 2 Leasing Land Summary
Key Takeaways – Part 2 Leasing Land
Though not on the same scale as Part 1, Part 2 of the Land Reform (Scotland) Bill requires further detail to be fleshed out by secondary legislation. It is hoped that uncertainties such as the inclusion or otherwise of development value in resumption compensation and how the model lease for environmental purposes will interact with agricultural holdings legislation, will be addressed ahead of provisions coming into force.
A brief summary of the key takeaways of Part 2 of the Bill for landowners and related parties to be aware of at this stage is below.
Implementation
It is likely to be some time before we see detail in the regulations and the relevant sections take effect. Until that time, tenancy arrangements and transactions will continue to proceed as they do at present.
Agricultural Holdings
Changes in relation to Agricultural Holdings are being made to the rules on:
- Resumption,
- Compensation for improvements
- Diversification
- Compensation for damage by game
- Rent review
There is power to make changes in future in respect of the agricultural tenant’s right to buy and compensation on termination of 1991 Act tenancies.
Agricultural holdings legislation has always been complex, and these further changes add to this complexity. As so often, the devil is in the detail and much of that is yet to be determined. The changes have been summarised to the extent possible at this stage, although their impact on specific circumstances will require detailed consideration at an individual level.
Stakeholder Consultation
Stakeholder consultation will be undertaken on many parts of the Bill providing an opportunity for those who are, or may be, impacted by any area of the Bill, to make their voices heard and to try to shape the detail of the provisions.
Among others areas, consultation will be required before regulations can be brought forward on changes to the agricultural right to buy, detail on rent review provisions, and any regulations brought forward to change the resumption compensation for 2003 Act tenancies or introduce compensation after incontestable notice to quit for 1991 Act tenancies.
Download PDF: Land Reform (Scotland) Bill – Part 2 Leasing Land Practical Summary
You can view the Land Reform (Scotland) Bill in full at the link here.
If you would like to discuss how these changes might affect your land or operations, please get in touch with a member of our Land & Rural Business team.
