Government consults on compulsory purchase reform

The proposals would update laws dating back almost two centuries, making them more useful for public bodies, while also being fairer to property owners.

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. And they can 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Views are being sought on how the current rules – which are widely recognised as confusing and outdated – should be changed.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 Ivan McKee will launch the consultation on a visit in Glasgow to a neglected property which was acquired under a Compulsory Purchase Order and which will now be returned to use as a family home. He will be accompanied by Roseanna Cunningham, co-chair of the Compulsory Purchase Reform Practitioner Advisory Group.

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.”

Ms Cunningham 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.”

Mr McKee announced the consultation on a visit to a house in Shettleston, which was previously in a very poor state of repair. It was acquired by Glasgow City Council using a Compulsory Purchase Order and transferred to West of Scotland Housing Association (WOSHA), which will return it to residential use after an extensive refurbishment.

The reform programme addresses findings from the Scottish Law Commission, which concluded that current legislation “does not work effectively in a modern context” and the consultation is a Programme for Government commitment.

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 closes on 19th December.