Compulsory purchase orders: introduction

About Compulsory Purchase Orders

Many public sector organisations (e.g. local authorities, Transport Scotland) and a range of infrastructure providers (e.g. energy transmission companies) have powers to purchase land without the owner's agreement, if there is considered to be a strong enough case in the public interest in doing so.

For example, a local council may need to build a new road, assemble land to enable regeneration or build a new school, but cannot reach agreement to purchase the land needed. In these cases they may promote a Compulsory Purchase Order (CPO) and ask Ministers to confirm it. If confirmed by Ministers, the local council may then take ownership of the land and pay compensation to the landowner and others with an interest in the land.

CPOs are therefore a useful tool to enable local authorities and other public sector bodies and infrastructure providers to acquire land to enable projects, which are in the public interest to proceed when they would otherwise not. However, the use of a CPO to take away someone's property rights is a significant step that must be carefully considered, and the benefits of the underlying project balanced against the rights of landowners and others with an interest in the land.

When a CPO is used it should be done efficiently and fairly, with uncertainty for landowners and those affected minimised wherever possible.

We aim to create a clear, accessible, effective and efficient system of legislation and policy, which allows for the compulsory acquisition and purchase of land and property for the public benefit. The provisions relating to any compensation should be fair and transparent and allow for timeous settlement.

Compulsory Purchase Orders considered by Ministers

All CPOs have to be approved by a Minister. We have published a set of core principles and guidance for Scottish Government officials dealing with orders that have been submitted for consideration:

• compulsory purchase orders: core principles
• procedural guidance on confirming a compulsory purchase order for Scottish Government and its agencies
• We have also created a register of all CPOs considered by Ministers since 1 January 2012.

Compulsory purchase policy

Scottish Government’s policy on the use of compulsory purchase, including the factors Ministers will take into account when deciding whether to confirm a CPO, is set out in Circular 6/2011.

A range of information and guidance for local authorities and landowners has been prepared by the Scottish Government and is set out below.

Advice to Acquiring Authorities on the use of compulsory purchase

A series of guidance notes for Acquiring Authorities considering using CPO were published on 26 April 2018.

1. Can I use Compulsory Purchase?
2. What should I do before developing a Compulsory Purchase Order?
3. How do I prepare and submit a Compulsory Purchase Order?
4. How do Scottish Ministers consider a Compulsory Purchase Order?
5. Confirmed Orders – next steps

In addition we have published process maps and a checklist for authorities preparing a CPO. 

We have also prepared additional technical guidance relating to some of the sub-processes associated with compulsory purchase:

• Land and Building Transaction Tax associated with Compulsory Purchase Orders 
• Certificates of Appropriate Alternative Development (CAAD)

Guidance for landowners

The Scottish Government has published guidance which is specifically designed for owners and occupiers who are affected by CPO.

Surplus land

In certain circumstances, land which was purchased compulsorily and which is later deemed to be surplus should be offered for sale back to the previous owner or owners. More information is available in Circular 5/2011 - Disposal of Surplus Government Land - The Crichel Down Rules.

Reform of compulsory purchase

The Scottish Ministers have committed to reform and modernise compulsory purchase legislation. More information about this work can be found on the Scottish Government Planning, Architecture and Regeneration Division’s Transforming Planning website.

Contacts

We have created a list of CPO Lead Officers for each policy area. In addition, if you have any general queries about compulsory purchase policy or the process you can contact: