Allotment Rights and Rules 2017

  1. Six or more council tax payers or on the electors of the local authority area may approach the council to provide allotments in their area. After consideration and if it determines there is a requirement then it must either purchase or lease sufficient land to provide allotments and let these to local residents but restricted to the provision of allotment gardens of up to five hundred square metres. Scottish Borders Council publish limited details of their allotments and how to apply for one on their website.
  2. The local authority must maintain register of allotments showing the size and location of each allotment in its area, the particulars of tenancy, the rental of let allotments and details of unlet allotments.  This register may be examined by any local ratepayer, who may take copies of it.  Scottish Borders Council are somewhat reticent to comply with this provision but are being challenged over this. 
  3. The authority should also publish annual accounts of expenditure on allotments and these should be freely available but a search of the online accounts and references to allotments failed to reveal any information.
  4.  The local authority should provide suitable roads and paths for access to allotments. 
  5. The authority must charge a fair rent for the use of an allotment and may charge a reduced rent to individuals whose circumstances justify such a reduction
  6. Allotment management meetings may be held in schools outside normal hours or other local authority buildings, free of charge



Local Authority Powers relating to Allotments


  1. If an authority cannot lease or purchase suitable land for allotments by agreement then it has the power to apply for a compulsory purchase order.
  2. After giving notice of their intention to do so an authority may occupy land which is otherwise unoccupied to create allotment gardens; they may adapt it for allotment use and either let it to individual tenants or to an association for subletting to individual tenants.
  3. Local Authority land acquired for some other use but temporarily unused may be improved and divided into allotments and let on a temporary basis with the approval of the Scottish Minister.
  4. The local authority have the power to improve and maintain land acquired for allotments by the provision of drainage, fencing, access roads or other appropriate actions.
  5. Regulations for the letting and management of allotments may be made by the authority covering tenant eligibility, allotment size, rent, cultivation conditions, ancillary building erection and other matters pertinent to good management but must be approved by the relevant Scottish Minister.
  6. The local authority can appoint and remove allotment managers to act for the authority who may be a combination of local authority officers and local people or solely local people.
  7. A lease may be terminated with one month’s notice if a tenant is in arrears of rent by forty days or more; is in breach of the allotment regulations; if the tenant after at least 3 months possession is not cultivating the allotment in accordance with regulations or if the tenant moves more than 1 mile outside the boundary of the local authority area.
  8. A lease may be terminated for other reasons if the land is required for another purpose with at least twelve months’ notice terminating on or before the first day of May or after the last day of November in the year.
  9. Tools and seeds may be purchased by and sold to tenants of its allotments by a local authority. It may also publicise information on allotments and award prizes for their cultivation and maintenance.

Restrictions on Allotment Use


Local authorities may create restrictions on the use of allotments through their local regulations (Scottish Borders Council prohibit the keeping of animals) but some are imposed by statute.

  1. The buildings that may be erected on an allotment are a tool house, shed, greenhouse, fowl house or pigsty.
  2. A single tenant may rent more than one allotment garden but no one may rent in aggregate land in excess of one thousand square metres.
  3. Allotments or allotment gardens may not be sublet by the tenant. 
  4. Allotments cannot be used as part of a commercial venture.

Tenant’s Statutory Rights


  1. When a lease is terminated the tenant is entitled to compensation for the value of growing crops and manure applied to the land. 
  2. A tenant may remove fruit trees, bushes and erected buildings for which compensation is not payable if a lease is to be terminated.

Tenants Obligations


  1. Pay the rent in good time
  2. Cultivate the allotment in accordance with the regulations.
  3. Live in the local authority area or under a mile outside its boundary.

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