Scottish Ministers have updated the list of prescribed rural housing bodies, adding Tiree Community Development Trust and Woodhaven Housing Company Limited. The amendment-Title Conditions (Scotland) Act 2003 (Rural Housing Bodies) Amendment Order 2025 (S.S.I. 2025/298)-was made on 28 October 2025, laid before the Scottish Parliament on 30 October 2025, and comes into force on 13 January 2026, according to legislation.gov.uk.

Being prescribed under section 43 of the 2003 Act means an organisation can be named in a rural housing burden. That burden typically includes a right of pre-emption: if a qualifying property is to be sold, the body has the first option to buy on the terms set out in the title deed before the sale proceeds to a third party.

In policy terms, the mechanism helps retain affordable homes and community assets-particularly where public or charitable support has underpinned delivery. Ministers have recorded satisfaction with the statutory tests in section 43(6), the gateway that must be met before any organisation is added to the schedule of eligible bodies.

For sellers and conveyancers, the change affects process and can influence valuation. Where a title contains a rural housing burden in favour of a listed body, the seller must notify that body and follow the offer window and price basis specified in the deed. Example: a homeowner receives an offer but, before concluding missives, must serve notice on the beneficiary and wait for a response within the timescale the title prescribes.

For developers, housing associations and lenders, the update widens the set of counterparties that can lawfully hold these burdens. Due diligence should flag any pre-emption that might shape exit routes, sales pacing or security value, and financial models should reflect any formula pricing or valuation method embedded in the title conditions.

The instrument amends, rather than overhauls, the regime. It updates the 2004 Order (S.S.I. 2004/477, amended by S.S.I. 2007/535) by inserting two names-Tiree Community Development Trust and Woodhaven Housing Company Limited-after existing entries such as Tighean Innse Gall Limited and West Highland Rural Solutions Limited.

Crucially, nothing changes automatically for properties without a registered rural housing burden. The order does not create new burdens or alter planning rules; it simply expands the list of bodies in whose favour such a burden may competently be created under the 2003 Act.

Timing matters. With commencement on 13 January 2026, transactions completing after that date should ensure notices are addressed to the correct beneficiary if these organisations appear in the title. Deals due to exchange beforehand may still need pre-completion checks to confirm that any notice requirements can be satisfied without delaying settlement.

The order was signed at St Andrew’s House on 28 October 2025 and is published on legislation.gov.uk. It is a narrow, technical change-but one with practical consequences in rural conveyancing. Property teams should record the new names and move on confident that the process is clear.