Sarah-Jane Laing

As the Scottish Parliament’s Net Zero, Energy and Transport Committee continues to consider amendments to the bill this week, SLE highlighted the dangers of the provisions within the bill to give ministers power to interfere in sales and force properties to be sold off in lots.

Sarah-Jane Laing, chief executive, Scottish Land & Estates, said: “The lotting provisions within the bill pose a fundamental threat to property rights and are unworkable. Supporters of these provisions are unable to describe how they could work in practice and are assuming it can all be sorted later. This cannot lead to good legislation. Farmers and estate businesses will be hit and this threat should not be underestimated.

“It is imperative that the principles of public interest, lawful conditions, proportionality and fair balance contained within European Convention on Human Rights are satisfied.”

SLE is urging the NZET committee and ministers to accept a range of amendments on key issues such as:

• Providing certainty through a clear process on whether a property is to be lotted.
• Setting timescales for ministers to make decisions on lotting.
• Providing compensation for property owners who suffer financial loss because of the lotting process.
• Including environmental benefits of large-scale land management in any lotting decision. 

Ms Laing added: “Some of the amendments being brought forward on lotting powers will make matters worse and we urge the government to consider seriously accepting those amendments that will mitigate some of the potential damage of these provisions which will cause chaos in the countryside and the rural property market. It is not only those selling who will be impacted, with potential for impacts on existing borrowing agreements being jeopardised due to an inability to guarantee control over the sale and marketing of a property. This needs very carefully thought through.

“Effective land reform requires a balanced approach but overly prescriptive policies risk undermining investment, innovation, and long-term sustainability.

“Senior Scottish government ministers have recently stated they need to listen to our concerns. They should stay good to their word and accept amendments that would help avert the very worst outcomes. Our concern on these ill-conceived lotting proposals are shared by the majority of  rural stakeholder organisations, including NFUS’ publicly stated position.

“We do not believe that the Scottish public see government ministers taking on the role of an estate agent and interfering in property sales as a priority – particularly if it ends with taxpayers being lumbered with massive compensation payments and stifles investment in rural Scotland.

“There are multiple ways for communities and individuals to acquire land and these lotting provisions are unnecessary. If they are to be brought in then surely the Scottish government should ensure they are fair and proportionate. What is proposed is at best extremely naïve and demonstrates a fundamental lack of understanding of how rural Scotland works.”