3,500 crofters warned over court proceedings

According to the Commission, approximately 3,500 crofters failed to return the form this year, with a sense among many that it is simply a tick-box paper exercise that has little to do with running a croft – or even if they are complying with their duties in looking after the land.

But with the explicit threat of criminal proceedings, clearly the Commission believe the Annual Return is imperative in their role as regulator.

In a statement accompanying this week’s warning, the Commission said: “While the 2024 Annual Notice saw an improved return rate of 75%, approximately 4,900 entries in the Register of Crofts remain undeclared.

“This lack of information hinders the Commission's ability to accurately assess the status of crofts and ensure that statutory duties are being met, which is a key ministerial priority.”

The Annual Notice was introduced as part of the Crofting Reform (Scotland) Act 2010 and asks crofters to confirm general information such as whether they are complying with the residency rule and whether the croft is being put to active use, which has a wide interpretation.

Gary Campbell, Chief Executive of the Crofting Commission, said: "The Annual Notice is fundamental to the regulation of crofting and the proper stewardship of our unique crofting system.

“While we always aim to support crofters, it is imperative that everyone understands and fulfils their legal obligations. Failure to return the Annual Notice is a serious matter, and we are now taking direct action to address this."

The Commission said that the letters now “being dispatched will clearly outline the legal implications of non-compliance and serve as a strong warning that future failures to return the Annual Notice, particularly the 2025 notice due in January 2026, could result in reports to the Procurator Fiscal and potential criminal proceedings against those who have not complied with the requirements”.

"Our ultimate goal is to work with crofters to achieve a 100% return rate," added Mr. Campbell. "This campaign is not just about enforcement; it's about education, support, and ensuring the long-term health and viability of crofting for the benefit of individuals and communities across Scotland.

“We urge all crofters to familiarise themselves with their duties, especially the requirement to be ordinarily resident within 20 miles of their croft, and to seek assistance from the Commission if they encounter difficulties."