Scottish Ministers have amended the schedule of prescribed rural housing bodies under the Title Conditions (Scotland) Act 2003, adding Tiree Community Development Trust and Woodhaven Housing Company Limited. The instrument (Scottish Statutory Instrument 2025/298) was made on 28 October 2025, laid before the Scottish Parliament on 30 October 2025, and will come into force on 13 January 2026.
The Order is made under section 43(5) of the 2003 Act, with Ministers confirming they are satisfied as to the matters set out in section 43(6). Prescribing an organisation as a rural housing body enables valid creation of rural housing burdens in its favour within the statutory framework.
In practical terms, the amendment updates the schedule to the Title Conditions (Scotland) Act 2003 (Rural Housing Bodies) Order 2004. After “Tighean Innse Gall Limited” the entry “Tiree Community Development Trust” is inserted; after “West Highland Rural Solutions Limited” the entry “Woodhaven Housing Company Limited” is inserted. No other changes are made by this instrument.
Under section 43(1) of the 2003 Act, a rural housing burden comprises a right of pre‑emption. When such a burden is in place, an owner must first offer the property to the prescribed body before selling to a third party, supporting long‑term retention of homes for rural and island communities.
From 13 January 2026, the two named organisations will be competent beneficiaries of new rural housing burdens created in their favour. Existing title conditions remain as recorded unless varied, discharged or otherwise altered in accordance with the procedures set out in the 2003 Act.
For conveyancers, the change is administrative but material. Title reports on rural properties should reference the updated prescribed list, confirm whether any rural housing burden is present, and plan transaction timetables to accommodate statutory offer and response steps linked to pre‑emption.
Lenders and valuers should consider that a recorded rural housing burden may influence marketability and achievable price, given the pre‑emption mechanism. Early identification and clear communication of any such conditions can reduce completion risk for borrowers and counterparties.
The prescription of an organisation as a rural housing body does not confer additional funding or regulatory status; it establishes legal competence for creating and enforcing rural housing burdens. Any exercise of pre‑emption must follow the 2003 Act and the specific terms appearing in the property title.
The instrument records that it was authorised for signature by Siobhian Brown on behalf of the Scottish Ministers at St Andrew’s House, Edinburgh, on 28 October 2025. These administrative details confirm provenance and timing for statutory and parliamentary records.
The 2004 Order (SSI 2004/477), as relevantly amended by SSI 2007/535, remains the core reference listing prescribed bodies. SSI 2025/298 updates that list to include Tiree Community Development Trust and Woodhaven Housing Company Limited, without altering the wider legal framework for creating, notifying and enforcing rural housing burdens.