This table explains who's responsible for the registration of a croft, and when they should apply.
Regulatory activity | Person responsible | When to apply |
| Registration of new crofts (constituting land as a croft) | The owner of the land | At the same time as a Section 3A(1) Application to constitute land as a croft |
| Registration of new crofts (constituting a holding as a croft) | The crofter making the application | At the same time as a Section 3A(2) Application to constitute land as a croft |
| Enlargement of crofts | The crofter making the application | Within 6 months of the date of the application to enlarge the croft |
| Exchange of croft land | The tenant of the croft at the time of application | Within 6 months of the date of the application to exchange |
| Assignation | The crofter making the application | Within 6 months of the date of the application to assign |
| Division of tenanted croft | The crofter making the application | Within 6 months of the date of the application to divide |
| Bequest | The legatee who gives notice of bequest to landlord and The Crofting Commission | Following the acceptance of the bequest by the legatee |
| Intestacy | The executor transferring the tenancy of the croft | Following the notice of the transfer by the executor |
| Division of owner-occupied croft | The owner-occupier crofter | Within 6 months of the date of the application to divide |
| Resumption | The landlord making the application | Within 6 months of the Scottish Land Court receiving an application to resume |
| Reversion of resumption | Any relevant person as defined at 21A(6) | Before the application to reverse is submitted to the land court |
| Letting by landlord | The landlord making the application | Within 6 months of the date of the application to let |
| Reletting (following the serving of a notice) | The person to whom the croft is re-let | Within 3 months of the date of reletting |
| Letting (following public notification by the Crofting Commission) | The person to whom the croft is let | Within 3 months of the date of the letting |
| Decrofting (following the termination of a tenancy) | The landlord making the application | Within 6 months of notifying the Crofting Commission that the croft will cease to be a croft |
| Decrofting (by landlord) | The landlord making the application | Within 6 months of the date of the application to decroft |
| Decrofting (by owner-occupier) | The owner-occupier making the application | Within 6 months of the date of application to decroft |
| Decrofting (by tenant) | The crofter making the application | Within 6 months of the date of application to decroft |
| Division of croft (prior to duties enforcement action) | The Crofting Commission | N/A |
| Owner-occupier crofters: letting procedure | The person to whom the croft is let | Within 3 months of the date of the letting |
| Owner-occupier crofters: letting procedure (by the Crofting Commission) | The person to whom the croft is let | Within 3 months of the date of the letting |
| Letting of owner-occupied crofts (other than short-term lease) | The owner-occupier crofter | Within 6 months of the date of the application to let |
| Reorganisation schemes (including provision for forming a croft or making changes to a croft) | The Crofting Commission | Before putting the reorganisation scheme into effect |
| Apportionment | The crofter making the application | Within 6 months of the date of the application to apportion |
| Transfer of ownership of owner-occupied croft | The new owner-occupier of the croft | With the notification of transfer |
If there is more than one applicant, for example two owner-occupier crofters, all persons responsible for making the application must sign the application form.
You should submit your application for registration to the Crofting Commission at the same time as you submit any related application for a regulatory decision.
Although the application for registration can be submitted after the application for a regulatory decision is made, the Crofting Commission is prohibited from progressing an application for a regulatory decision until the application for registration is submitted. The time period in which an application for registration has to be submitted varies depending on the regulatory decision required. If no application is forthcoming within that time period, the Commission will reject your application for a regulatory decision.
The information in this guidance only relates to the registration of a croft in the Crofting Register for the first time. Once a croft is registered in the Crofting Register, certain events affecting that croft will require the register to be updated.