Register of Persons with a Controlled Interest in Land

What is it?

A public register of who controls the decisions of owners, or tenants (for more than 20 years) of land and property in Scotland.

The Keeper of the Registers of Scotland (RoS) is responsible for establishing and maintaining the Register of Controlled Interests in Land (RCI). It was launched on 1st April 2022.

What information will be registered in the RCI?

The RCI will contain information about people who can influence or control owners and tenants of the property. It is the duty of the “Recorded Person” to notify the register of such persons.

Who is a Recorded Person?

Any person or entity that is registered in the Land Register of Scotland (or the Sasines Register which is the land register dating back to the 1600s but is being replaced by the Land Register) as an owner or tenant of the property is referred to as a “Recorded Person”.

Why is it needed?

If you wanted to contact an owner or tenant about a piece of land, you can try to find this information from the Land Register or Sasines Register. These registers hold details of the owner or tenant of the land but not details of who can significantly influence or control their decisions about that land.

The RCI will show the details of other people who can influence or make decisions about land and property and their contact information.

What do I need to do?

Check if you need to register, the Registers of Scotland have a self-assessment tool to help you with this.

If your organisation is a registered Company or a Scottish Charitable Incorporated Organisation (SCIO) – you will be exempt because land and property will be in the name of the Company or SCIO, but, you might still be regarded as an associate so do check the RoS guidance on whether you need to apply.

Who is an Associate?

An associate is someone who exercises significant influence or control over a Recorded Person’s ability to make decisions in relation to land they own or tenant.

If you are an unincorporated association or a trust then you may need to put the names of your trustees onto the register and you will need to update this when they change.

Sounds easy, is it?

If you know who has a controlling interest in the land or property is then yes, it should be easy. But, if the land or property are in the names of former trustees or committee members and you can no longer contact them, then it could get complicated!

The RoS are running regular webinars to help you with this, you can access previously recorded webinars or book onto a future RCI webinar on their website.

What if we don’t register?

You must make a submission (if you need to) by 1st April 2024.

If you don’t register your controlled interest in land or property, or provide false or misleading information, it is a criminal offence and you could face a fine of up to £5,000.