Scottish Compulsory Purchase Reform

Burges Salmon’s Planning and Compulsory Purchase Team recently hosted a panel discussion on CPO reform in Scotland in our Edinburgh office. With a range of panellists and attendees from private practice, local councils, Scottish Government and industry, the discussion was a useful one, particularly in light of the Scottish Government’s ongoing work in relation to compulsory purchase reform. 

In this blog, my colleague Iona Gatenby runs through why compulsory purchase reforms are needed in Scotland, what historic work has been undertaken in the past on reform and what current work is being undertaken by Scottish Government, key takeaways from the panel discussion and next steps for reform in Scotland. 

Why are reforms needed? 

Compulsory purchase orders (CPOs) are a powerful tool that allow acquiring authorities (usually local authorities or statutory undertakers) to acquire land or rights in land compulsorily, for a wider public benefit. Although there is an existing framework to obtain a CPO in Scotland, this process is often underutilised, particularly in comparison to the English regime. It is widely acknowledged that one of the reasons for this is that the current framework is outdated and complex, which can often lead to inefficiencies in delivering a project. Those with the power to make CPOs are therefore sometimes discouraged from using the current regime, which can result in viable projects not being brought forward. 

We believe that reforms to the current regime could help to unlock development potential by becoming a more attractive and accessible mechanism for projects, which could in turn help to facilitate a more efficient delivery of a wide range of development projects.  

Historic work on reforms 

The reform of compulsory purchase has been on the cards for a number of years, with some of the current compulsory purchase legislation in Scotland dating back to 1845[1]. The Scottish Law Commission published a discussion paper on compulsory purchase reform in 2014. A report was then submitted to Scottish Government on responses to this discussion paper in September 2016. The review highlighted a number of challenges with the current regime, including the need for a more streamlined and fairer system. The recommendations made were nonetheless not actioned at the time. 

Scottish Government work on reforms 

The programme for Government 2024-2025 indicated that the Scottish Government will consult on proposed changes to the compulsory purchase regime in 2025. A Practitioner Advisory Group (PAG) was set up in spring 2024 to assist with the reforms. The PAG is a group of experts in compulsory purchase who are used as a sounding board by the Scottish Government for ways in which the system needs to be changed, drawing upon their expertise in the field. A progress report on the work undertaken by the Scottish Government was published in December 2024 and a consultation report on compulsory purchase reform is expected to be published by Scottish Government in September 2025. 

The goal of the Scottish Government’s work on compulsory purchase reform is to make the process simpler, more streamlined and fairer for all parties. The reform has been split up into 5 building blocks: (1) enabling powers (2) early engagement & preparation (3) confirmation procedures (4) taking possession & title and (5) compensation. The current suggestion by Scottish Government is to channel reforms through a new Compulsory Purchase Bill which would be taken forward in the next parliamentary session, depending on the appetite of the government in power at the time. 

Key takeaways from the panel discussion

Timescales

The CPO process is a long process overall, however one of the key challenges is that it can be slow to get a decision from Scottish Ministers once the CPO is at the confirmation stage.  One potential means for addressing this issue is to have target timescales for issuing confirmation decisions and issuing a time limit on referring opposed CPOs to the DPEA. For unopposed cases, Scotland could also adopt the English approach which provides delegated authority for Inspectors (the English equivalent of Reporters) to determine cases themselves. 

Guidance

New law is not necessarily the only solution to improve the system. The introduction of the compulsory purchase process guidance published by the Ministry of Housing, Communities and Local Government in England is a good example of this. This guidance provides a comprehensive step by step guide on the CPO process from start to finish. It is well followed by acquiring authorities in England and in instances where it is not, this can result in a CPO being refused by the UK Government. Wales has also published its CPO Manual which includes best practice guidance. Similar guidance could be introduced in Scotland, particularly for items such as early engagement, which do not necessarily need a set legislative process to follow. 

Temporary acquisition 

It is not currently possible within the Scottish regime to seek a CPO of temporary acquisition of land or rights. This option is available in England through the development consent order (DCO) process. This option lessens the need for permanent acquisition and therefore reduces interference with landowner rights. It also streamlines the process avoiding a transfer of land that is only required temporarily to the acquiring authority, only for the acquiring authority to have to ultimately sell the plot back to the landowner. Introduction of temporary possession into the Scottish regime could help to increase the use of compulsory purchase powers and assist in the more efficient delivery of projects overall. 

Next steps

The Scottish Government is intending to publish a consultation report on compulsory purchase reform in September 2025, after which there will be a period of consultation. 

It is nonetheless a long path ahead to securing any proposed reforms into new legislation. With Scottish Government elections in May 2026, a lot may change in the near future and the new Government would need the appetite to pick up CPO reforms in its programme. 

We expect to be able to provide a further update in Autumn 2025. If you have any queries on CPO Reform in Scotland, please contact Patrick Munro, Legal Director in our Planning and Compulsory Purchase Team. 

[1] Lands Clauses Consolidation (Scotland) Act 1845 and Railways Clauses Consolidation (Scotland) Act 1845