- Views sought on making system simpler and fairer
The Scottish Government is consulting on proposals to modernise
the law on compulsory purchase, to make it easier and simpler to
improve land and buildings. 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widely recognised as confusing and outdated – should be changed.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 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 , 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.”
Background
The Public Finance Minister 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) who 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
opened on 19th September and will run for 3 months, closing on
19th December
