Update On Implementation Of The Land Reform (Scotland) Act 2025

The Cabinet Secretary for Climate Action and Rural Affairs, Gillian Martin MSP, has written to the Rural Affairs Committee, providing an update on the phased implementation of the Land Reform (Scotland) Act 2025 (“the Act") and setting out indicative timescales for the next stages of the process. The letter is available here.

The Act, which received Royal Assent in December 2025, represents a major development in Scotland's ongoing programme of land reform and, among other provisions, introduces a significant new regulatory framework governing the ownership, management and transfer of certain large land holdings in Scotland. Part 1 of the Act contains provisions relating to large land holdings (defined to be land holdings exceeding 1,000 hectares). Part 2 relates to leasing (including new model leases for environmental purposes and for hutting) and contains range of reforms affecting agricultural tenancies and small land holdings.

Whilst certain commencement regulations have already brought a limited number of provisions into force, many of the headline measures contained within the Act remain dependent upon consultation and secondary legislation before they can take effect.

Against that background, the Cabinet Secretary's letter provides the clearest indication to date of how the Scottish Government intends to sequence implementation of the Act. Whilst significant questions remain unanswered, the letter establishes a clearer roadmap for implementation, with community engagement obligations being prioritised ahead of the more transactional aspects of the new regime.

Appointment of the new Land and Communities Commissioner (LCC):

The immediate priority identified in the Cabinet Secretary's letter is the appointment of the new LCC, a new role within the Scottish Land Commission established by the Act. The LCC will have an important role in implementing Part 1 of the Act and overseeing compliance with, and enforcement of, the new regime.

The recruitment process is expected to begin in autumn 2026, with a target appointment date of April 2027. As with other appointments to the Scottish Land Commission, parliamentary approval and formal public appointments scrutiny will be required. Whilst the timetable provides a useful indication of the Scottish Government’s intentions, the dates remain indicative and subject to the appointment process progressing as planned.

Community Engagement and Land Management Plans:

The next stage of implementation will focus on the Act’s community engagement provisions. Broadly, these relate to the requirement on owners of certain large land holdings to prepare a Land Management Plan (“LMP”) and engage with local communities regarding the management of their land. The forthcoming consultation is expected to address matters including the content of LMPs, how landowners will be expected to meet these obligations in practice, and further guidance on when landholdings fall within the scope of the provisions and connected persons. The letter confirms that these measures will be prioritised ahead of the Act's sale and lotting provisions, noting that an LMP may be relevant to and inform any future lotting recommendations made by the LCC.

An initial public consultation is expected in autumn 2026, followed by a further consultation on draft regulations in autumn 2027. Draft regulations are anticipated in late 2028 and will be subject to the affirmative procedure, meaning parliamentary approval will be required before they can be made. The letter also indicates that, if approved, the new regulations are likely to include a grace period before the new requirements come into force.

Pre-Notification, Community Right to Buy and Lotting Provisions:

The Act's provisions governing the transfer of large landholdings, including pre-notification requirements, enhanced opportunities for community acquisition and the new lotting regime, will follow after the introduction of the LMP framework referred to above. In her letter, the Cabinet Secretary states that consultation and regulations for these measures will be brought forward "as soon as feasible", but no further detail has yet been provided. As a result, whilst the direction of travel is now clearer, uncertainty remains as to when exactly these provisions will take effect.

What about Part 2?

In contrast to Part 1, very little detail is provided regarding implementation of Part 2 of the Act. The letter indicates that officials will engage with the Committee on matters including tenant farming, small landholdings, hutting leases and the new environmental lease but notes that a separate implementation timetable will be provided in due course.

Looking Ahead:

Overall, this most recent correspondence provides recognition that a significant amount of preparatory work remains outstanding before many of the Act’s headline measures can take full effect. This is perhaps unsurprising given the extent to which the practical operation of the new regime depends on guidance, consultation and, ultimately, secondary legislation.

Nonetheless, whilst this latest update does not answer every outstanding question, it does provide a clearer picture of the order in which those questions are likely to be addressed. For affected landowners, communities and other stakeholders, that greater certainty around timing and sequencing provides a more informed basis on which to plan for the changes ahead and where attention will require to be focused in the coming years. At present, the clearest message from the proposed timetable is that LMPs and community engagement obligations appear to be the Scottish Government’s main priority in the implementation of the Act.

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