Scotland’s drive towards net zero by 2045 continues to create significant opportunities for renewable energy and infrastructure development across Scotland. Advances in onshore wind, solar and battery storage technology and ongoing major grid upgrades are making more sites commercially viable for renewable energy development. This includes numerous sites within crofting areas. In the right circumstances and with the correct approach, renewable energy projects can and do co-exist with crofting and provide opportunities for crofters, landowners, developers and wider communities. Crofting tenure should not be viewed as a barrier to development, provided the unique crofting framework is understood and properly navigated.
Crofting is a distinctive system of landholding found mainly in the Scottish Highlands and Islands. At its heart, crofting tenure is a system of leasing land, but unlike many other forms of land tenure, written leases are relatively uncommon. Instead, the rights and responsibilities of crofters and landowners are set out in law, principally under the Crofters (Scotland) Act 1993.
Necessary Rights On Croft Land
Development on croft land requires the necessary rights to be secured from the relevant landowner. However, unlike with many other types of occupiers, consent from the affected crofter(s) alone is not generally sufficient to allow a development to proceed. Crofting rights must be addressed in accordance with crofting legislation. Identifying the most appropriate statutory process early is critical to managing project programme, cost and risk, while enabling development to proceed.
The statutory processes involve removing land from crofting tenure, either temporarily or permanently, or restricting crofting rights to allow development to proceed (including through a “Scheme for Development” under Section 19A of the 1993 Act). The most appropriate route will depend on the scale of the project, the number of crofters involved, and the level of agreement among those with crofting interests.
Section 19A provides one of the most useful mechanisms for projects. This allows a “Scheme for Development” to be prepared setting out the full development for consideration and approval by the Scottish Land Court if the criteria are met. Rather than removing crofting rights, rights are limited only to the extent necessary to allow the development to proceed, making Section 19A an effective mechanism for facilitating development while retaining crofting tenure and, where practical, allowing crofting activities to continue alongside the development.
The recently enacted Crofting and Scottish Land Court Act 2026 introduces a range of reforms aimed at modernising crofting governance and simplifying procedures. While not the comprehensive reform some hoped for, the 2026 Act introduces changes that should simplify the process of securing development rights. It also introduces new statutory options for crofter-led environmental land use.
Opportunities For Rural Scotland
As renewable energy development continues to expand across the Highlands and Islands, the cumulative impact of developments on traditional land uses, including crofting, will be a concern in some areas. Early engagement with crofters and local communities, alongside meaningful opportunities for participation and community benefit, can help to identify the most suitable sites and build support and deliver lasting local value.
With the right strategy and process, developments can progress on croft land and deliver significant benefits. For crofters, projects can provide diversified income streams and opportunities to participate in related works and environmental initiatives. For local communities, developments can bring employment opportunities, community benefit funding and improved local energy resilience. For developers, projects can proceed on strategically important sites with strong resource potential and long-term investment value, while landowners can diversify land use and generate additional income.
As demand for land to support the energy transition grows, those who understand the crofting system and engage constructively with crofters and communities will be best placed to realise the opportunities.
*Originally featured in The Business on 18 June 2026: View Article
