Scottish Government minister Ivan McKee has set out plans to change the law on compulsory purchase, dating back almost two centuries, to make it easier and simpler to improve land and buildings.
Compulsory Purchase Orders help deliver essential projects to meet local and national needs. They can support the transformation of disused or dilapidated land and buildings which blight communities.
They can also contribute to tackling the housing emergency by accelerating the delivery of new homes and bringing empty properties back into use.
Views are being sought on how the current rules – which are widely recognised as confusing and outdated – should be changed. The Scottish Government is also exploring whether powers to require disused property to be sold or leased would be helpful.
Public Finance Minister Mr McKee said: “Compulsory purchase can make an important contribution to improving public spaces and regenerating communities.
“We need every tool available to play its part in tackling the housing emergency – making it easier and simpler for councils and other public bodies to take ownership of derelict property will help.
“We are consulting on changes that would streamline procedures, modernise compensation arrangements and promote better early engagement between authorities and the owners of land that is needed for important public projects.
“This is a substantial package of measures, learning from changes that have been made elsewhere and following extensive engagement with the Practitioner Advisory Group and a wide variety of others with interest in compulsory purchase.”
Former SNP MSP Roseanna Cunningham, co-chair of the Compulsory Purchase Reform Practitioner Advisory Group, said: “Much of the compulsory purchase legislation in Scotland dates back 180 years and can be difficult to understand for both property owners and public bodies.
“This can delay important developments creating uncertainty for everyone involved. We need a system that is simpler and quicker for public bodies, while also being fairer for property owners. I welcome the Scottish Government’s consultation paper as an important step towards that.”
The consultation document explores issues including:
- whether authorities should have the power to seek more limited rights over land, or secure temporary possession, rather than seeking full compulsory purchase.
- allowing authorities to confirm their CPOs where there are no objections.
- digitisation of paper-based systems.
- providing greater clarity and certainty about decision-making timescales.
- better early engagement between authorities and property owners.
- simplifying procedures for transferring ownership.
- updating how compensation is calculated to ensure property owners receive fair payment.
- incentivising swifter settlement and payment of compensation claims, to help people put their affairs in order.
- whether Compulsory Sale Orders and Compulsory Lease Orders would provide helpful alternatives to compulsory purchase.
The consultation opened on 19 September and will close on 19 December
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