The day-to-day rules on an allotment, how much of the plot must be cultivated, how big a shed can be, which animals are allowed, are set locally by the council or site, not by a national rulebook. What Scotland does set in law is the framework: every council must have written regulations covering those subjects, and the process for ending a tenancy for breaking them is laid out in statute. These are the rules that apply once you already hold a plot. If you are still trying to get one, see getting an allotment in the UK.
What tenancy agreements typically cover
| Rule category | Typical position | Notes |
|---|---|---|
| Cultivation | Typically restricted, most agreements require the plot to be kept "substantially" cultivated | The exact standard (how much, by when) is set by the local authority or site's own regulations, not a national figure |
| Structures (sheds, greenhouses, polytunnels) | Varies by site | Usually allowed, but size and height limits are set by the individual site, not a UK or Scotland-wide standard |
| Animals — hens | Varies by site | Commonly permitted on many UK allotment sites, subject to site rules and local bylaws |
| Animals — bees | Varies by site | Often permitted, usually with conditions (siting, neighbour notice, sometimes association membership) |
| Animals — larger livestock | Typically restricted | Generally not permitted on ordinary allotment plots |
| Commercial use / selling produce | Typically restricted | Most tenancies limit use to personal and family consumption; in Scotland, sale of surplus produce not for profit is allowed by statute, subject to council regulations |
| Subletting | Typically restricted or banned | In Scotland, subletting is prohibited and void; transferring the whole tenancy to someone else (assignment) is a separate route and needs council consent |
| Breach of rules / eviction | Set by statute in Scotland | In Scotland the council must explain its proposal and consider your representations before giving notice, and you can appeal to the sheriff |
Cultivation, "use it or lose it"
Most allotment tenancies expect a plot to be kept substantially cultivated. In Scotland the basis is the Community Empowerment (Scotland) Act 2015. Section 115 requires each local authority's allotment regulations to cover cultivation and maintenance of allotments, alongside allocation, rent, structures, livestock and landlord inspections. The Act mandates that a written rule exists and leaves the detail, such as what share of the plot must be in use, over what period and with what allowance for illness or bad weather, to each authority. The precise standard for your plot is in your own site's regulations.
Structures: sheds, greenhouses, polytunnels
Sheds, greenhouses and polytunnels are commonly permitted, but size, height and materials are set site by site and vary a lot. There is no UK-wide or Scotland-wide standard dimension. Section 115 requires each authority's regulations to cover buildings and structures, the modifications that may be made to them and the materials that may or may not be used.
Where a structure breaks those rules, section 122 gives the council power to remove it and to recover the removal costs from the liable tenant. It must first give affected tenants at least one month's written notice and consider their representations, and a tenant can appeal to the sheriff, the local civil court, within 21 days of the decision notice.
Whether your tenancy allows a polytunnel is a separate question from whether it needs planning permission, which is decided under permitted development rules, not tenancy law. That catches people out: see Polytunnel planning permission in Scotland.
Keeping animals
Hens are commonly allowed on many UK allotment sites, and bees are often permitted too, usually with conditions such as where hives can be sited or notifying neighbouring plot-holders. Larger livestock is generally not permitted on ordinary allotment plots.
Section 115 requires each Scottish authority's regulations to cover the keeping of livestock, including poultry. Which species, how many and what enclosure standard are in your own site's rules. Check with the site committee or council before bringing any animals onto the plot.
Commercial use and selling produce
Most tenancy agreements limit the plot to personal and family consumption. In Scotland, section 131 of the 2015 Act says a tenant may sell surplus produce grown on the allotment, but not with a view to making a profit. Selling a glut of courgettes to a neighbour or at a site stall is fine; running the plot as a trading operation is not. That permission is itself subject to the council's regulations, so check what your site's rules say.
Subletting
Section 130 prohibits subletting the whole or any part of an allotment to anyone, and a sublease made in breach has no legal effect. Assignment is different: it means transferring the lease to someone else entirely, and it needs the local authority's consent, without which it too has no effect. The original tenant steps aside, rather than keeping the tenancy while someone else works the plot.
What happens if you break the rules
Cultivation standards, structure limits and which animals are allowed are local in both Scotland and England and Wales. Where Scotland differs is the statutory process for ending a tenancy for a breach.
Under section 126 of the 2015 Act, a council terminating a lease because the tenant has failed to a material extent to comply with the regulations must first write to the tenant, no later than one month before giving notice, explaining the proposal and its reasons. It must give the tenant the chance to make representations and take account of them. It then either drops the proposal or gives notice, which must allow at least one month. The tenant can appeal to the sheriff within 21 days of the date of the notice, and the termination has no effect until that period passes without an appeal, or any appeal is withdrawn or finally decided.
| Step | Minimum time |
|---|---|
| Written explanation to tenant, before any notice is given | At least 1 month before the notice |
| Termination notice itself | At least 1 month |
| Tenant's window to appeal to the sheriff | 21 days from the notice |
| Site closure/repurposing (a site shutting down, not a rule-breach case, needs Ministers' consent) | At least 1 year (where Ministers consent) |
England and Wales work differently. Under the Allotments Act 1922, which applies there, a landlord can re-enter for non-payment of rent or breach of any term or condition of the tenancy, and the Act sets no minimum notice for that. A general termination needs notice of twelve months as amended, expiring on or before 6 April or on or after 29 September. Individual tenancy agreements often set their own notice terms, so a breach eviction does not happen without warning in practice, but the Act does not guarantee the explanation, representations and sheriff appeal that Scotland's 2015 Act sets out.
Other things your tenancy will likely cover
Section 115 also requires rules on rent, and the rent rule must include a method of determining a fair rent that takes account of the services the council provides, their cost, and circumstances that affect a person's ability to pay. It also requires a rule on landlord inspections, and the regulations may cover sale of surplus produce and acceptable use of allotments.
A working tenancy also touches bonfires, water supply (often tied to the site's own standpipe or supply arrangement), chemical restrictions, path and boundary upkeep, what happens to a shed or standing crops if a plot is repossessed, and what happens if the named tenant dies or can no longer manage the plot. The Act does not settle these; each site's regulations do. If a site committee's decision feels unreasonable, the Scottish Allotments and Gardens Society (SAGS) is Scotland's allotment advocacy body and a starting point for independent advice.
Common questions
Can I keep chickens on my allotment?
Often, yes. Hens are commonly allowed on UK allotment sites, but it is subject to your site’s rules and any local bylaws, so check with the site committee or council before bringing birds onto the plot.
Can I sell vegetables I grow on my allotment?
Most tenancy agreements limit the plot to personal and family consumption. In Scotland, section 131 of the Community Empowerment (Scotland) Act 2015 lets a tenant sell surplus produce, but not with a view to making a profit, and the council’s regulations can limit that. A surplus sale is fine; running the plot as a commercial operation is not.
How much notice do I get before losing my allotment for breaking the rules?
In Scotland, under section 126 of the Community Empowerment (Scotland) Act 2015, the council must first write to you at least a month before giving notice, explaining the proposal and inviting your representations. The notice itself must allow at least one month, and you have 21 days from its date to appeal to the sheriff before the termination can take effect.
Can I put up a shed or polytunnel on my allotment?
Usually, yes, but size and height limits are set by your site or council, not by a national standard, so check your site’s rules for the dimensions allowed. Some structures may also need planning permission depending on size and use.
Can I sublet my allotment to someone else?
No. Section 130 of the Community Empowerment (Scotland) Act 2015 prohibits subletting, and a sublease made in breach has no legal effect. The legal route to hand the plot over is assignment of the lease, which needs the local authority’s consent.
Sources
Show the 8 sources
- Community Empowerment (Scotland) Act 2015, Part 9: Statutory basis for Scottish allotment site regulation generally
- Community Empowerment (Scotland) Act 2015, Section 115: Regulations must cover allocation, rent (including a fair-rent method taking account of ability to pay), cultivation, maintenance, structures, livestock including poultry and inspections; may cover sale of surplus produce and acceptable use; may differ between sites
- Community Empowerment (Scotland) Act 2015, Section 122: Local authority power to remove structures built in breach of the regulations and recover the costs from the liable tenant; at least a month’s written notice; 21-day sheriff appeal
- Community Empowerment (Scotland) Act 2015, Section 126: Termination for material breach: letter at least a month before notice, representations, notice of at least one month, 21-day sheriff appeal, no effect until the period has passed; one year’s notice where Ministers have consented to disposal or change of use
- Community Empowerment (Scotland) Act 2015, Section 130: No subletting; assignment needs local authority consent; breaches of no effect
- Community Empowerment (Scotland) Act 2015, Section 131: Sale of surplus produce other than for profit, subject to regulations under section 115
- Allotments Act 1922, Section 1: England and Wales (as amended): re-entry for non-payment of rent or breach of any term or condition; general notice now twelve months, expiring on or before 6 April or on or after 29 September
- Scottish Allotments and Gardens Society (SAGS): Scotland’s allotment advocacy body, a starting point for independent advice