Commentary on Sections Key terms Section 46 – Eligible land
192.This section defines the land which is to be classed as eligible for the purposes of the right to buy in Part 5.
193.Subsection (1) provides that all land is eligible for the purposes of Part 5 except for land which is defined as “excluded land”.
194.Subsection (2) sets out the meaning of “excluded land”. Excluded land includes: land on which there is an individual’s home, except where the home is occupied by an individual under a tenancy; land pertaining to an individual’s home as may be set out in regulations; croft land (as defined in section 68 of the Land Reform (Scotland) Act 2003); land which is owned by the Crown by virtue of it having vested as bona vacantia (because no owner exists or can be identified) or it having fallen to the Crown as ultimus haeres (because no heir to the previous owner exists or can be identified); and land of such other descriptions that Ministers may set out in regulations.
195.Subsection (3) provides that Minsters may make regulations setting out the buildings or structures that are or are to be treated as an individual’s home and the types of occupation and possession that are or are to be treated as a tenancy.