The Register of Persons Holding a Controlled Interest in Land (RCI) requires certain categories of landowners and tenants to supply information regarding the ownership and control of land by 31 March 2024.
Any entity or individual in scope of the Regulations must prepare submissions and register by this date to avoid being at risk of non-compliance. Failure to adhere to the RCI requirements is a criminal offence and may result in a £5,000 fine.
What is the RCI?
The RCI was introduced in 2022 to improve transparency of land ownership in Scotland. It’s a key component of the Land Reform (Scotland) Act 2016 and aims to establish who has control over areas of land where it isn’t publicly available or easily identifiable from the title deeds.
The RCI provides information on those people or entities who have influence or control over land or property where they are different from the owner or tenant under a long lease (more than 20 years) as disclosed in the Sasine or Land Register or Companies House. It is public and free to search.
Who and what is to be registered?
Owners of land or a tenant under a long lease (the ‘recorded person’) must provide details of any party with significant control or influence in relation to that land or property (an ‘associate’).
Where a new party becomes an associate the landowner or tenant has 60 days to notify the RCI. In addition, the recorded person must notify the associate that they intend to include their information in the RCI.
- Updates should also be provided by the landowner or tenant when: A party ceases to be an associate
- The owner or tenant ceases to be a party to whom the Regulations apply
- There are any other changes to the information contained on the Register.
Who will be affected?
The RCI Regulations are complex but many trusts, partnerships, unincorporated associations and overseas entities that own or lease land are likely to be affected by the rules. However, there are exceptions and it is advisable to take advice as to whether you are required to submit.
How to register
Registration is completed online on the Registers of Scotland website which also provides guidance on how to complete the forms.
Who is not affected?
Parties such as UK Limited Companies, LLPs, Scottish and English Charitable Incorporated Organisations and local authorities are exempt from reporting to the RCI in order to avoid duplication with other transparency regimes.
Commercial property owners and businesses
In addition to many rural landowners being within the scope of this register, commercial businesses should also check whether they are affected. Please contact Alison Mackay (alisonmackay@lindsays.co.uk) in our Commercial Property team for more information.
Published 25 March 2024.
