The Scottish Government has announced plans to modernise Scotland’s compulsory purchase system, to make CPOs simpler, faster and fairer, while ensuring that people affected by compulsory acquisition are properly protected and compensated.
CPOs are an important tool for delivering development and regeneration projects that might otherwise be difficult to achieve. While they can be used for major infrastructure schemes, they also have a part to play in smaller projects such as bringing empty homes and derelict properties back into productive use.
The Scottish Government believes that more effective use of these powers could help support sustainable economic growth and revitalise communities, however, the current compulsory purchase framework is widely regarded as outdated and unnecessarily complicated.
Some of the legislation underpinning the system dates back almost 200 years, leaving authorities to work with a fragmented collection of laws and procedures. The Scottish Government argues that this complexity has contributed to CPO powers not being used to their full potential.
Following work that began in 2024, the Government consulted on a comprehensive package of reforms. The consultation responses showed widespread support, with the majority of proposals receiving strong backing from stakeholders. As a result, the Scottish Government intends to introduce legislation during the current Parliamentary term.
A central proposal is to replace much of the existing legislation with a single Compulsory Purchase Act covering both CPO procedures and compensation. The approval process would also be streamlined through clearer timescales, greater flexibility when dealing with objections and faster procedures for unopposed orders. The reforms aim to reduce unnecessary duplication between Scottish Ministers and Scottish Government Reporters.
Technology would also play a greater role. CPO notices and documents could be served electronically, supported by consistent data standards. Authorities would have greater flexibility to acquire specific rights, such as servitudes, or take temporary possession of land where permanent acquisition is unnecessary. A single mechanism for taking possession after an order has been approved would replace the different methods currently available.
Compensation is another major part of the proposed reforms. The Government intends to simplify and modernise compensation rules, codifying decades of case law while removing outdated provisions. Measures would also encourage quicker settlement of claims and ensure advance payments are made promptly, helping affected owners and occupiers while final compensation is being determined.
The Government is also looking at Compulsory Sale Orders (CSOs) and Compulsory Lease Orders (CLOs). Many consultation responses showed support for the principle of CSOs, particularly as a potential way of tackling vacant and derelict properties. However, there were also concerns about whether CSOs would provide significant advantages over a reformed CPO system.
The Government will therefore investigate whether CSOs could offer a simpler and more effective alternative, while considering property rights and existing legal safeguards. It will also engage with Glasgow City Council, which is piloting CPO powers to acquire empty properties for potential private-sector redevelopment. Lessons from that pilot could help inform future policy.
CLOs remain at an earlier stage of consideration, with further work needed to understand how compulsory leasing could operate and what impact it might have on property owners.
Photo: Adam Wilson
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