Scottish government consults on compulsory purchase reform

The Scottish government is consulting on proposals to modernise the law on compulsory purchase.
The proposals would update laws dating back almost two centuries, making them “more useful for public bodies”, while also being “fairer to property owners”.
Views are being sought on how the current rules – which are widely recognised as confusing and outdated – should be changed. The Scottish government is also exploring whether powers to require disused property to be sold or leased would be helpful.
Public finance minister Ivan McKee will launch the consultation on a visit in Glasgow to a neglected property which was acquired under a compulsory purchase order and which will now be returned to use as a family home.
Mr McKee said: “Compulsory purchase can make an important contribution to improving public spaces and regenerating communities. We need every tool available to play its part in tackling the housing emergency – making it easier and simpler for councils and other public bodies to take ownership of derelict property will help.
“We are consulting on changes that would streamline procedures, modernise compensation arrangements and promote better early engagement between authorities and the owners of land that is needed for important public projects.
“This is a substantial package of measures, learning from changes that have been made elsewhere and following extensive engagement with the Practitioner Advisory Group and a wide variety of others with interest in compulsory purchase.”
The reform programme addresses findings from the Scottish Law Commission, which concluded that current legislation “does not work effectively in a modern context” and the consultation is a Programme for Government commitment.
The consultation document explores issues including:
- whether authorities should have the power to seek more limited rights over land, or secure temporary possession, rather than seeking full compulsory purchase.
- allowing authorities to confirm their CPOs where there are no objections.
- digitisation of paper-based systems.
- providing greater clarity and certainty about decision-making timescales.
- better early engagement between authorities and property owners.
- simplifying procedures for transferring ownership.
- updating how compensation is calculated to ensure property owners receive fair payment.
- incentivising swifter settlement and payment of compensation claims, to help people put their affairs in order.
- whether Compulsory Sale Orders and Compulsory Lease Orders would provide helpful alternatives to compulsory purchase.
The consultation closes on 19th December.