Author Topic: Decrofting (Read 9636 times)

Hamish Crofter · « **on:** March 21, 2014, 07:02:12 pm »

Has anyone had any experience of decrofting. I'm just about to start building a house on my croft and am going to decroft but as I'm fortunate enough not to need a mortgage I haven't been in a rush to start the process. I'm an owner occupier not a tenant.
Just keen to know the experience of others, what the commission are like, how long it takes, what I'm likely to encounter..........

Thanks

oor wullie · « **Reply #1 on:** March 22, 2014, 06:55:44 am »

I had no problem. I did the paperwork myself and I seem to remember it was fairly straight forward. The CC didn't question anything. There was nothing contentious about mine though - the site was not too big, there were not other buildings on the croft (no holiday homes) and there was no history of other sites being decrofted.

If you don't mind me asking, if you don't need a mortgage then why are you decrofting? If I hadn't needed security for the bank then I wouldn't have seen any reason to decroft.

Hamish Crofter · « **Reply #2 on:** March 22, 2014, 08:27:49 am »

Thank you. Yours is a good point about why I'm decrofting, I can't see the need or the rush but people keep telling me I should, all the people involved in the planning and building of the house. On purchasing the croft the solicitor who was a crofting specialist was much more laid back about it.
I'm thinking about not doing it at least not for sometime. I would imagine I'll want to do it in years to come so the croft and houses are more saleable for inheritance purposes for my kids.
One of my concerns is that I don't want the CC to think I'm decrofting just to sell the plot on and make a fast buck (which a neighbour did) but I am going to work the croft.
I have started to think I'd be better building my house, working my croft and in the future maybe look to decroft.

Garmoran · « **Reply #3 on:** March 26, 2014, 03:02:33 pm »

I certainly can't see that there's a hurry if you don't need to raise a mortgage.

A neighbour has been having trouble decrofting because her house is set back from the road and as a result the garden area is larger than the Commission approve of. If I remember correctly, they frown on the idea of decrofting more than half a hectare.

shygirl · « **Reply #4 on:** March 30, 2014, 10:53:04 pm »

im a beginner here but -
I saw an advert for a croft for sale which wasnt decrofted and it mentioned that if you were building a new house then the CC would give you a grant towards the house - but - if it was decrofted first then you wouldn't get a grant.

Hamish Crofter · « **Reply #5 on:** April 03, 2014, 06:20:10 pm »

Yes that's right, you also only qualify for the grant if you are a tenant. Owner occupiers don't qualify. The grant isn't enough to go anywhere near to the cost of building a house but depending on which crofting county you are in its quite a healthy contribution.

fiestyredhead331 · « **Reply #6 on:** April 04, 2014, 01:11:07 am »

Decrofting in itself isn't that difficult but the sting in the tail is the legal fees! We decrofted our house 25 years after my dad built the house but purely to access a mortgage. There are those, one in particular who lives near me who never decrofted his house, albeit a holiday home now but the croft its on belongs to someone else and now there has been a long running battle as he cant sell the house as technically the house belongs to the croft tenant who is under no obligation to sell him the site his house is on and could push the argument that the house belongs to them as its on their land

ah the murky world if crofting!

shygirl · « **Reply #7 on:** April 04, 2014, 06:33:29 pm »

Quote from: fiestyredhead331 on April 04, 2014, 01:11:07 am

Decrofting in itself isn't that difficult but the sting in the tail is the legal fees! We decrofted our house 25 years after my dad built the house but purely to access a mortgage. There are those, one in particular who lives near me who never decrofted his house, albeit a holiday home now but the croft its on belongs to someone else and now there has been a long running battle as he cant sell the house as technically the house belongs to the croft tenant who is under no obligation to sell him the site his house is on and could push the argument that the house belongs to them as its on their land
ah the murky world if crofting!

I was looking at this the other day on the CC website and I thought the tenants had a legal right to buy the site even if the landlord didn't want to sell? and that the court could decide the price - which must be valued at undeveloped land, not the value of a building plot.

fiestyredhead331 · « **Reply #8 on:** April 04, 2014, 09:25:07 pm »

Tenants have the legal right to buy the croft from the landlord which is something like 15x the annual rent plus legal fees.
The example I gave after was of someone who didn't decroft their site.