Your council's duty to provide allotments

In England and Wales, councils must provide enough allotments if they think there's demand, but the law sets no deadline. Scotland sets waiting-list targets, and in Northern Ireland providing allotments is a power, not a duty.

Allotment law is old, patchy and different in each part of the UK. This is a plain-English summary of what it says, nation by nation. It isn't legal advice. If you're in a dispute with your council, the Acts themselves are free to read on legislation.gov.uk.

England and Wales: a duty if there's demand

The main duty comes from section 23 of the Small Holdings and Allotments Act 1908. If a council thinks there's a demand for allotments, it must provide a sufficient number and let them to local people who want them.

Six registered electors (or council tax payers) in the area can put a written request to the council, and the council must take it into account. Welsh Government guidance puts it simply: if six residents want an allotment and none are available, they can ask the council to provide them.

What the Act doesn't give you is a deadline. The legislation sets no timeframe for meeting demand. In Wales, the Welsh Government says it would expect to see some progress within a year. VERIFY: check whether any official English guidance sets an expectation on timing; don't add one unless it does.

In Wales, community, town and county councils (including county boroughs) all count as allotment authorities. VERIFY: confirm which tiers of council act as the allotment authority in England, with an official source.

Protection for statutory sites

Land a council bought or set aside for allotments is "statutory" allotment land. Under section 8 of the Allotments Act 1925, the council can't sell it or use it for something else without ministerial consent. That consent should only be given if displaced plot-holders will be properly provided for, or if that isn't necessary or practicable. In Wales, that consent now comes from the Welsh Ministers.

Not every site has that protection. Welsh Government guidance explains that "temporary" allotments (on land held for another purpose) and private or community-owned sites aren't covered by allotment law, even if they've been plots for decades. A site run by an association on a council lease keeps its statutory status.

Scotland: waiting-list targets

Scotland has its own law, Part 9 of the Community Empowerment (Scotland) Act 2015. Councils must keep an allotment waiting list. Where the Act's conditions apply, they must take reasonable steps to keep the list to no more than half the number of allotments they have, and to make sure nobody stays on it for more than five years in a row.

"Reasonable steps" is a duty to try, not a guarantee of a plot within five years. Ask your council for its allotment food-growing strategy and how it's doing against these targets. VERIFY: confirm the 2015 Act's requirement for councils to publish a food-growing strategy and annual allotment reports, with section numbers.

Northern Ireland: a power, not a duty

In Northern Ireland, the Allotments Act (Northern Ireland) 1932 says a council may, if it thinks fit, provide allotments for people living in its district. That's a power. We haven't found an NI equivalent of the English and Welsh duty to provide. VERIFY: confirm the current NI position with nidirect or a council page, including any later amendments.

What this means for you

• Put your name down, even if the list is long. A council can only see demand that's written down.
• If there's no list near you, get five other residents together and write to the council. Keep a copy.
• In Scotland, ask where you are on the list and how long people have waited.
• If a site is threatened, find out first whether it's statutory, temporary or private. That decides what protection it has.

Our guide on starting an allotment association covers organising a group.

FAQs

Does my council have to give me an allotment?

Not within any set time in England, Wales or Northern Ireland. In England and Wales councils must provide enough plots if they think there's demand. In Scotland they must take reasonable steps to stop anyone waiting more than five years.

How many people does it take to ask for allotments?

Six registered electors or council tax payers in England and Wales.

Can a council sell an allotment site?

Not statutory allotment land in England and Wales without ministerial consent. Temporary and private sites don't have that protection.

Your next step

Put your name on your council's waiting list now, even if it's long. If there's no list near you, gather five other residents and write to the council. Our association guide shows how.