Compulsory Purchase Order in Scotland – A Plain‑English Guide for Property Owners and Occupiers

Finding out that your home, flat or land is included in a compulsory purchase order can be unsettling. Letters arrive with legal language, maps and deadlines, and it can feel as if the decision has already been made for you. In reality, a CPO in Scotland goes through several stages, you have clear rights at each one, and you are entitled to compensation if your property is taken.

The short answer is that a public body can only buy your property compulsorily if the Scottish Ministers confirm the order, and you are entitled to object and to be paid compensation. Compensation is based on the market value of your property, plus extra payments such as a home loss payment and reasonable moving costs. This guide explains each stage, your compensation rights and your options if you would rather move on sooner.

What is a compulsory purchase order in Scotland?

A compulsory purchase order (CPO) is a legal order that allows a public body to buy land or buildings without the owner’s agreement. Because taking someone’s property is a serious step that engages human rights protections, the law requires a strong case in the public interest and gives owners and occupiers the chance to object and to be compensated.

In Scotland, CPOs are used for projects such as road and rail schemes, flood protection works, schools, town centre regeneration and bringing long term empty or derelict homes back into use. The authority is expected to engage with owners early and to try to buy the property by agreement before making an order, although that is not always practical.

Who can make a compulsory purchase order?

Bodies with compulsory purchase powers are called acquiring authorities. They include local councils, some infrastructure providers such as utility companies, and the Scottish Ministers, whose powers are often exercised by agencies such as Transport Scotland. Each authority can only use its powers for the purposes allowed by its own legislation, known as its enabling powers.

The procedure itself is set out mainly in Scottish legislation, including the Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947, while compensation is governed by the Lands Clauses Consolidation (Scotland) Act 1845, the Land Compensation (Scotland) Act 1963 and the Land Compensation (Scotland) Act 1973. Guidance written for England and Wales, which refers to different Acts, courts and payment levels, does not apply to Scottish property.

How does the CPO process work in Scotland?

Every CPO follows the same broad path, although the timescale varies a great deal from one scheme to another. The table below summarises the main stages under the current rules.

Stage	What happens	What it means for you
1. Early engagement	The authority contacts owners and occupiers and tries to buy by agreement.	Take advice early and keep a record of all contact.
2. Order made	The authority makes the CPO, with a map and a Statement of Reasons explaining why it is needed.	Check exactly which land is included.
3. Notices and adverts	Affected owners and occupiers are notified and the order is advertised. The order is sent to the Scottish Ministers.	You have a period of not less than 21 days to object.
4. Objections considered	If objections are not withdrawn, the case goes to the Planning and Environmental Appeals Division (DPEA), and a Reporter holds a public local inquiry or a hearing.	You can present your case in person or in writing.
5. Decision	The Scottish Ministers decide whether to confirm the order, with or without changes.	A legal challenge to the Court of Session must be made within six weeks of the notice of confirmation.
6. Implementation	The authority takes title and possession using a GVD or a notice to treat.	Moving dates and compensation claims begin to take shape.
7. Compensation	Compensation is agreed, or disputes are referred to the Lands Tribunal for Scotland.	You can ask for an advance payment while negotiations continue.

How do you object to a compulsory purchase order?

If you own, lease or occupy land included in the order, you can object. The notice you receive will give the deadline and the address for objections, which go to the Scottish Ministers rather than to the authority that made the order. Deadlines are strict, so send your objection in writing as early as you can and keep proof that it was sent.

Good grounds for objection usually focus on whether the order is justified, for example whether the scheme is really in the public interest, whether all of your land is needed, whether a different route or site would work, or whether the authority has the funding and planning consents to deliver the project. You cannot successfully object simply because you think the compensation will be too low, because compensation is dealt with separately.

What is the difference between a GVD and a notice to treat?

A confirmed CPO does not transfer ownership on its own. The acquiring authority must take a further formal step, and there are two main routes.

	General vesting declaration (GVD)	Notice to treat
How it starts	The authority gives notice of its intention to make a GVD, usually at least two months before making it.	The authority serves a notice inviting you to state your claim for compensation.
When title passes	Ownership vests in the authority on the date the GVD takes effect, at least 28 days after it is made.	Title passes only once compensation has been agreed or decided and paid.
Taking possession	The authority can enter on the vesting date.	A separate notice of entry gives at least 14 days’ notice before the authority takes possession.
Compensation	Agreed afterwards, with an advance payment available on request.	If no claim is made or agreed within 21 days, either side can refer the dispute to the Lands Tribunal for Scotland.

How is CPO compensation worked out in Scotland?

Compensation in Scotland is based on the principle of equivalence: you should be put in the same financial position after the acquisition as you were before it, no better and no worse. There are four main parts to a claim:

• Value of the land taken: the open market value of your interest, assessed as if the scheme behind the CPO did not exist, so the threat of the order should not drag the figure down.
• Injurious affection: if only part of your land is taken, compensation for any fall in value of the land you keep, including the effect of severance.
• Disturbance: losses not linked to the value of the land, such as removal costs and reasonable professional fees.
• Loss payments: extra payments recognising the upheaval of being displaced, including the home loss payment.

How much is the home loss payment in Scotland?

Under section 28 of the Land Compensation (Scotland) Act 1973, an owner occupier receives a home loss payment of 10% of the market value of their interest, subject to a minimum of £1,500 and a maximum of £15,000. Anyone else who qualifies, such as a tenant, receives a flat £1,500. These are the figures quoted in the Scottish Government’s 2025 reform consultation, and they are lower than the amounts that apply in England, so be careful with guidance written for other parts of the UK.

To qualify, you must have lived in the property as your only or main residence for at least one year ending with the date you are displaced, and you must occupy it by virtue of a qualifying interest or right. Home loss payments are not available to landlords who do not live in the property, so if you own a let property you should read our guide to selling a tenanted property in Scotland alongside your CPO advice.

Example	Calculation	Home loss payment
Owner occupier, home worth £120,000	10% of £120,000	£12,000
Owner occupier, home worth £250,000	10% would be £25,000, capped	£15,000
Tenant who has lived there for over a year	Flat rate	£1,500

Can you get some money before the claim is settled?

Yes. If you ask, the acquiring authority must make an advance payment of 90% of the compensation agreed or, if nothing is agreed yet, 90% of its own estimate. If there is a mortgage over the property, the advance is reduced by the amount needed to repay the lender. Asking early can make it much easier to fund your next home.

What if you cannot agree the figure?

You do not have to accept the authority’s first valuation. Most claims are settled by negotiation between your surveyor and the authority’s valuer, and reasonable professional fees are normally claimed as part of your compensation. If you still cannot agree, the dispute can be referred to the Lands Tribunal for Scotland, an independent body that decides compensation under the statutory rules.

What happens to your mortgage under a CPO?

If you have a mortgage, your lender holds a standard security over the property and is repaid from the compensation before you receive the balance. If the compensation is less than the amount you owe, you would still be responsible for the shortfall, so it is worth reading our guides on selling a house in Scotland with a mortgage and what happens if the price is less than your mortgage. Compensation can also count as a disposal for capital gains tax purposes, so take advice from a tax adviser if the property is not your main home.

What if a proposed scheme makes your home hard to sell?

Long before a CPO is confirmed, news of a scheme can put buyers off. This is often called blight, and it is one of the factors that can reduce the value of a house in Scotland. Under the Town and Country Planning (Scotland) Act 1997, some owners whose land is affected by public proposals can serve a blight notice requiring the authority to buy their interest early. Strict conditions apply, including showing that you have made reasonable efforts to sell, so take professional advice before serving one.

If you do sell on the open market, you should be honest about the proposals. Your buyer’s solicitor is likely to find them through council searches, and our guide on what you have to disclose when selling in Scotland explains why openness protects you. Other council notices can have a similar effect, such as an outstanding planning enforcement notice or restrictions on listed buildings and conservation areas.

How is compulsory purchase law changing in Scotland?

Scotland’s CPO rules are spread across legislation dating back to 1845, and the Scottish Government has accepted that the system is complex, slow and rarely used to its full potential. It consulted on a large package of reforms between September and December 2025 and received 107 responses, most of which supported the proposals.

In Compulsory Purchase Reform in Scotland: The Way Forward, published on 26 August 2026, the Scottish Government confirmed that it will bring forward legislation during the current Parliamentary term. The measures it expects to include are:

• A single Compulsory Purchase Act: replacing the old statutes with one Act covering both procedure and compensation.
• A faster approval process: clearer timescales, more flexibility in how objections are handled and quicker procedures for unopposed orders.
• Digital notices: allowing CPO notices and documents to be served electronically.
• One way of taking possession: a single mechanism replacing GVDs and notices to treat, with clear timescales.
• New rights and temporary possession: so authorities do not always have to buy land outright.
• Fairer and quicker compensation: codifying case law and encouraging quicker settlements and timely advance payments.

Some questions remain open, including how statutory loss payments such as home loss payments should be calculated in future. In the consultation, respondents were split between keeping the link to market value, moving to a flat rate and grading payments by length of occupation. Until a new Act is passed and brought into force, the current rules described in this guide continue to apply.

Can you sell your home instead of waiting for the CPO?

You do not have to sit and wait. Depending on how far the scheme has progressed, you may have three broad options:

1. Sell to the acquiring authority by agreement: many authorities prefer to buy before or during the CPO process. Compensation principles still guide the price, and home loss payments can also apply where a home is bought by agreement.
2. Sell on the open market: possible, but buyers and lenders may be cautious once a scheme is public, and you will need to disclose it.
3. Sell to a cash buyer: a quicker, more certain route if you want to move on to a new job, a new area or a family member’s home without waiting months or years.

If you are weighing up a private sale, remember that selling privately means you would normally give up the CPO compensation package, including the home loss payment and disturbance costs. Ask your surveyor to estimate what the CPO route is likely to pay, then compare that with any private offer. Understanding why cash buyers usually pay less than market value and how a cash sale differs from using an estate agent will help you make that comparison with your eyes open.

Sell My House Fast in Scotland can make a no obligation cash offer, with no viewings and no chain, and you can choose a date of entry that suits you. Our guides on when you receive the funds from a house sale and the documents you need to sell a house in Scotland explain what to expect.

Frequently asked questions

Can I stop a compulsory purchase order?

You can object, and if your objection is upheld the Scottish Ministers can refuse to confirm the order or remove your land from it. Once an order is confirmed, a challenge to the Court of Session is only possible on limited legal grounds and must be made within six weeks of the notice of confirmation.

How long does the CPO process take in Scotland?

It varies widely. There must be at least 21 days for objections, an inquiry can add many months, and the authority then has three years to start implementing the order. Ask the acquiring authority for its expected timetable.

Who pays for my solicitor and surveyor?

Reasonable professional fees for preparing and negotiating your compensation claim are normally included as part of your claim. Costs of objecting are different and are usually only recovered through an award of expenses if your objection succeeds at a public local inquiry.

Do tenants get compensation under a CPO?

Tenants who have lived in the property as their only or main home for at least a year can claim a home loss payment of £1,500, and may also be able to claim disturbance costs such as removal expenses.

Has the home loss payment in Scotland gone up?

Not at the time of writing in October 2026. The figures remain 10% of market value for owner occupiers, with a minimum of £1,500 and maximum of £15,000, and £1,500 for other qualifying occupiers. The Scottish Government is still reviewing how loss payments should work under its planned new Act.