Understanding land ownership and planning

Land ownership can be an important part of conversations about how places develop and change, particularly when communities are making plans for their area. The Scottish planning system manages how land is developed and used across Scotland. 

Individuals and communities frequently have questions about land ownership, land access and land disputes in relation to the planning system. They are often surprised to learn that land ownership may only play a minor role in the planning process.

This blog gives a short, simple overview. It is not legal or planning advice. Please seek planning advice before you take action. A key point to remember is that planning permission does not give you ownership of land or, by itself, a right to access or use someone else's land.

Planning permission and land

You do not need to own land to apply for planning permission for it. Planning permission is attached to the land, not to the person who owns it.

In theory, this means you could apply for planning permission to add an extension to your neighbour’s house. However, applying for planning permission takes time, money and paperwork. In practice, an application for someone else’s land usually only happens when a developer, architect or planner applies for permission on behalf of a landowner. 

You can ask for planning advice, or apply for planning permission, before you buy a house or piece of land. Planning permission can increase the value of the land. If you want to buy the land after permission is granted, make sure you have a clear agreement with the landowner about the price.

Notifying landowners

By law, applicants must tell all landowners about a planning application. If they cannot do this, they must show they have taken all reasonable steps to try to notify them. A planning authority will not validate or consider the application if landowners have not been notified properly.

Neighbours will also be notified. Neighbours are defined as people living within 20 metres of the application boundary. They will be notified by the planning authority once the application has been validated.

Landownership and responsibility

Planning permission allows the site to be developed, but you do not have to carry out the work. The permission will lapse after a certain time, typically three years. However, if works are carried out, the landowner is responsible for making sure everything is in line with the planning permission. If there is a breach of planning permission and someone complains, the planning authority may take enforcement action against the landowner. This can happen even if someone else applied for permission or carried out the building work. 

This is why solicitors usually check the planning history of a house or piece of land before you buy it. If you buy a house with an unlawful extension and a complaint is made later, you may be responsible for putting the problem right.

Accessing land

Planning permission can be given even where it is unclear how contractors will access the land for construction. Land access and trespassing is a civil matter and is not regulated by planning law. 

It is important to bear this in mind and have a good relationship with your neighbours. You may need to use their back garden to build your extension. 

It is also important to think about maintenance. You don’t want to struggle to maintain walls, fences and gutters without entering land you do not own. Planning law will not support you in terms of access rights.

Do you have any more planning questions? 

Planning Aid Scotland is a charity and social enterprise that helps people understand and engage with the planning system. We also provide a free planning Advice Service, funded by the Scottish Government.

Planning Aid Scotland helps people across Scotland understand and engage with the planning system. Visit our website to read our information sheets on common topics or submit an enquiry to our Advice Service: https://www.pas.org.uk/.