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Legal glitch over decrofting sites                 27/2/13

The Scottish Crofting Federation (SCF) has called on the Crofting Commission to sort out the confusion regarding a legislation glitch that has caused the commission to cease processing owner-occupier applications to decroft their house-site, with the utmost urgency.

Derek Flyn, chair of the SCF, said: “This problem has not suddenly appeared. It is part of the 2010 Crofting Reform Act.

“The SCF brought it to the attention of Crofting Commission several weeks ago but they have told us nothing about how and when it will be resolved; only that owner-occupier crofter applications will not be processed.

“This has serious consequences for people getting a mortgage, trying to build their house. What are they to do?”

A notice on the Crofting Commission website says “our understanding is that there is no provision within the legislation for the Crofting Commission to issue a decrofting direction to an owner-occupier crofter who is occupying their owner- occupied croft.” It goes on to say “we are not able to accept any new applications to decroft from owner-occupier crofters until further notice.”

Mr Flyn continued “The Crofting Commission is the regulator – that is their sole purpose. We need reassurance from them that this will be sorted out without delay. They should issue a statement to let owner-occupier crofters and their lenders know that they have nothing to fear”.