LAND REFORM – A TIMETABLE BEGINS TO EMERGE

The Land Reform (Scotland) Act 2025 may now be on the statute book, but many of its most important provisions have yet to be implemented. Most measures remain dependent on future appointments, consultation exercises, regulations and guidance. The Scottish Government has now provided an indicative timetable for implementation, which confirms that the new regime will be phased in over several years rather than taking effect immediately. 

The Land & Communities Commissioner

For the large landholdings provisions which apply to landholdings of more than 1,000 hectares, one of the first key steps will be the appointment of the new Land & Communities Commissioner. The Commissioner will play a central role, including responsibilities for overseeing land management plans and providing reports to Scottish Ministers in connection with lotting decisions. The Scottish Ministers must also consult the Commissioner before making the community engagement regulations (which will include land management plans) under the Act. 

The proposed timetable is to allow the appointment to be made by April 2027, with advertising expected to open in early November 2026. 

Community engagement regulations and land management plans

The first substantive implementation priority for the large landholdings part of the Act is the community engagement regulations, including the requirements for land management plans. A public consultation is expected in autumn 2026. This is to focus on the content of the new land management plans, how affected owners will meet the new obligations and draft guidance on properties in scope including the treatment of “connected persons” when determining whether the 1,000 hectare threshold is met.  

The Scottish Government is then expected to consult the new Commissioner before undertaking a further consultation on draft regulations in autumn 2027. When preparing the regulations, the Scottish Government must have regard to the Land Rights and Responsibilities Statement (“LRRS”) which sets out the principles that underpin Scotland’s land reform policy. The current LRRS must be reviewed by September 2027. While there is currently no suggestion that implementation will be delayed pending that review, the timing is notable as any changes to the LRRS may influence the policy context within which the community engagement regulations are finalised.  

Draft regulations are then expected to be laid in late 2028. The Scottish Government has indicated that it expects all regulations to include a grace period before they come into force and enforcement begins. 

Pre-notification and lotting

The pre-notification and lotting provisions (which apply to sales of the whole and certain parts of large landholdings) are expected to follow the community engagement regulations. This timing is deliberate: the Scottish Government has indicated that introducing the community engagement regulations first would allow a landholding’s land management plan to be considered as part of any recommendation on lotting. Regulations for pre-notification and lotting are expected to be brought forward together and to be consulted on and introduced to the Scottish Parliament “as soon as feasible” after the community engagement regulations. 

Leasing (including agricultural holdings)

One area where there is already a clear timetable is the requirement for the Scottish Ministers to publish a model lease for environmental purposes and a model lease for letting public land for hutting by December 2027 and December 2028 respectively. Despite considerable interest from stakeholders, the Act provides no assurance that a model environmental lease will not constitute an agricultural lease. Without greater clarity, questions remain as to what practical role such a lease will perform and whether it will provide any real benefit to the industry. 

Further detail on the wider timetable for the leasing part of the Act is still to follow. The Scottish Government has indicated that briefing sessions are to be planned on tenant farming, small landholdings and the development of the model leases. 

Summary

While implementation is starting to take shape, the main operational requirements for large landholdings remain some way off. Owners of large landholdings should monitor the proposed autumn 2026 consultation closely. It is likely to shape the detail of land management plans, community engagement obligations and guidance on which landholdings are in scope, while also providing stakeholders with an opportunity to provide feedback. 

The future direction of land reform will also be shaped by the Scottish Government’s response to the separate review of Scotland’s community rights to buy, which recommended a number of reforms including changes to community body requirements, ballot arrangements and aspects of the current application process. Particular attention was given to the operation of late applications, where the review suggested that the existing framework may require simplification.

While the community right to buy review and the Act are separate exercises, the Scottish Parliament Information Centre has observed that MSPs will need to examine these developments together to “ensure that a coherent and genuinely useful framework evolves to support and complement other parts of land reform policy”. 

If you would like to discuss any of these aspects further, please click the image below and get in touch with your Turcan Connell contact.