Scotland's land: How reform can bring transformative change to the country and its people

This is an important time of change in Scotland, according to the Scottish Land Commission’s Hamish Trench, as the Scottish Government brings forward a land reform bill – another step in modernising the way we own and use land.

We can see why land matters across many areas of life.

It matters at a community level in unlocking housing, business development, services and resilience, and it matters to our national economy with more than half the country’s net wealth held in land and property.

Land is central to Scotland’s ambitious goals on climate and nature action, and to a just transition as we achieve them.

The Scottish Land Commission works to stimulate and inform fresh thinking in how land is owned and used. We advise government and parliament on law and policy changes, and we support ongoing culture change and responsible land ownership in practice.

Land reform: How state-owned ground should be used to benefit the people and communities of Scotland

Since establishment in 2017, we have published a wide programme of research and recommendations to make more of Scotland’s land. Many times we have looked outwards to international experience to learn from what others do and adapt this learning for Scotland.

Our international research tells us that it is common across countries in Europe and beyond for governments to set some public interest parameters on land ownership. It also shows Scotland is unusual in the way we think of land ownership as being firmly one of private, public or community.

The Scottish Land Commission believes changes in law, policy and practice can continue to shape transformative change in Scotland, strengthening people’s involvement in decisions about land, diversifying the distribution of power and control in ownership and leveraging the value of land to bring greater economic prosperity

In many European countries these boundaries are more mixed. There is no reason we cannot also develop more imaginative ownership and governance models that are more diverse and actively involve local communities in decisions.

The concentrated pattern of land ownership in Scotland remains a core focus for reforms. SLC undertook an in-depth investigation into the issues associated with scale and concentration and found the key issue to be the concentration of power.

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With concentrated ownership comes power in decision-making that affects the social and economic well-being of communities. In short, there is a risk of localised monopoly, which can leave communities vulnerable.

Hamish Trench, chief executive of the Scottish Land Commission

We have made recommendations which would regulate this risk in ways that are considered normal in other countries and economic sectors. These include a public interest test at the point of significant land transactions, a requirement that significant land holdings engage on and publish a management plan, and giving more legal weight to Scotland’s existing Land Rights and Responsibilities Statement, which sets out clear principles to shape responsible practice.

Land reform should ensure the ways we own and use land in both urban and rural Scotland keep pace with changing public needs and expectations.

In towns and cities we see growing community ownership of land and buildings and a commitment to tackling vacant and derelict land.

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In rural Scotland we can see high land prices and changing motivations for land use and ownership that shine a fresh spotlight on questions of who owns, decides and benefits when it comes to land.

Looking ahead, we will be focused on three core pillars for reforms: people, power and prosperity.

Through changes in law, policy and practice Scotland can continue to shape transformative change. These changes can strengthen people’s involvement in decisions about land, diversify the distribution of power and control in land ownership and leverage the value of land to contribute more to local and national economic prosperity.

Hamish Trench is chief executive of the Scottish Land Commission