KLTR’s new transfer scheme and a proactive, data-led project are working with councils to return bona vacantia land and buildings to productive, community-focused use.

There is no definitive tally of ownerless property in Scotland, and fresh cases are referred each year to the King and Lord Treasurer's Remembrancer (KLTR) for consideration. Sites can fall ownerless in several ways, most commonly when a company is dissolved while still holding land or buildings. In such circumstances the assets become bona vacantia – ownerless goods – and pass to the Crown.

The KLTR has the authority to deal with ownerless property in Scotland and decides whether, and how, to apply Crown rights on a case-by-case basis. It is not obliged to assume ownership, transfer assets or redevelop sites. Ownerless property spans a wide range, including assets left by dissolved companies, estates of deceased people without heirs, and archaeological finds administered through the treasure trove system.

Until around three years ago the KLTR mainly responded to referrals, which were often prompted by concerns over the condition of land or buildings. Options included marketing the asset to interested buyers, with proceeds used to fund the KLTR and a share paid into Scotland's main public fund. This reactive approach began to change following recommendations from the Scottish Land Commission as part of its work tackling vacant and derelict land.

One recommendation stated: "KLTR's role, powers and functions be reviewed to allow better alignment with regeneration and land reform objectives". This prompted the creation of the Ownerless Property Transfer Scheme (OPTS), shifting the emphasis towards reuse in the public interest.

Under OPTS, where a site can be brought back into beneficial use, the KLTR will consider transferring it to a community body for £1 plus costs. The scheme is intended to unlock positive reuse of ownerless assets and support community-led regeneration, while encouraging collaboration between public bodies, local authorities and local groups.

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Early outcomes include a derelict former hotel near Falkirk transformed into a community park and public space; a strip of land at a former tram depot in Edinburgh secured to provide access for a planned affordable housing scheme; and land in Airdrie transferred to facilitate services for the new Monklands hospital. Together, these cases highlight how ownerless sites can become valuable community assets once obstacles to reuse are addressed.

Building on OPTS, the KLTR launched the Proactive Bona Vacantia Project roughly 18 months ago. Rather than waiting for problems to be reported, this initiative actively identifies potentially ownerless properties that could be returned to use. It was established in partnership with Companies House, the Scottish Land Commission and Registers of Scotland (RoS), who share data to pinpoint opportunities.

David Stewart, Head of Policy at KLTR, said: "The Project is a strong example of collaboration between public bodies. Companies House, the Scottish Land Commission and Registers of Scotland (RoS) were all founding partners, sharing data to identify potentially ownerless properties."

The project draws on two principal data sources: the Vacant and Derelict Land (VDL) Register and a Companies House list of UK-registered companies dissolved in the past decade. These datasets are cross-referenced against the Land Register to flag properties that may now be ownerless. Findings are grouped by local authority area and shared with participating councils.

While the initiative began with VDL data over a year ago, the more detailed matching of sites to dissolved companies only became available in January, so the work remains at an early stage. Twelve local authorities are currently involved, with discussions ongoing to widen participation. Councils review the lists to confirm a site is ownerless, substantial, and realistically capable of reuse; qualifying properties can then be referred to KLTR.

Statutory time limits also shape the approach. The KLTR has three years to decide whether to deal with an ownerless asset or disclaim the Crown's interest, so casework must be managed carefully. To support this, RoS acts as KLTR's agent for the project—sharing data with councils and holding properties in the pipeline for referral—so decisions can be taken within the legal timeframe.

Although both OPTS and the Proactive Bona Vacantia Project prioritise reuse in the public interest, not every site will be suitable and councils are under no obligation to take them on. Where appropriate, properties can be sold at auction or disclaimed, with any income from sales paid into the Scottish Consolidated Fund.

With OPTS now two years old, the KLTR plans a review to capture lessons learned and refine the scheme. The Proactive Bona Vacantia Project will continue to scale, and more councils are expected to join. The Empty Homes Partnership, the Community Ownership Support Service and Highlands and Islands Enterprise have recently come on board to help match organisations to ownerless properties with potential.

Together, OPTS and the Proactive Bona Vacantia Project signal a broader shift in how Scotland approaches ownerless land—prioritising regeneration and public benefit. OPTS shows that best value does not always mean securing the highest sale price; in some cases, transferring land for community benefit leads to stronger regeneration outcomes. The proactive project builds on this by systematically identifying ownerless assets, improving understanding of where they are located, and expanding opportunities for productive reuse across Scotland.

this topic: Read more about the work being done to tackle vacant and derelict land at the Scottish Land Commission's website.