Starting a new allotment site or association

By the Tilthwick team

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This is general information, not financial or tax advice. Rules change, so check GOV.UK or speak to a qualified adviser.

In England and Wales, six local electors can ask the council in writing to provide allotments. To run or support a site, form an association with a simple constitution and a chair, secretary and treasurer.

No plots near you, or a site that needs people to speak up for it? A small group of organised residents can get a lot done. Here's how to ask for allotments, and how to set up an association to run or support a site.

Step 1: ask the council for allotments

England and Wales. If a council thinks there's demand, it must provide enough allotments. Six registered electors or council tax payers in the area can make a written request, and the council must take it into account.

To make that request count:

  1. Find five other people who live in the council's area and want a plot. Get their names and addresses.
  2. Write to the council (the one that runs allotments where you live), saying you're making a representation under section 23 of the Small Holdings and Allotments Act 1908, and asking it to provide allotments.
  3. Keep a copy, and note the date you sent it.
  4. Follow up. The law sets no deadline. In Wales, the Welsh Government says it would expect some progress within a year.

Scotland. Councils must keep an allotment waiting list and take reasonable steps to keep it short. Get everyone who wants a plot to join the list, because that's the demand the council has to answer to. VERIFY: confirm the Scottish process for requesting allotments under Part 9 of the 2015 Act.

Northern Ireland. Councils have a power, not a duty, to provide allotments. A well-organised request with names and a possible site makes the case for using that power.

Step 2: form an association

An allotment association brings plot-holders together. It might organise work days, speak to the council for the site, or take over managing it.

Pick a structure

Welsh Government guidance sets out the main choice:

  • Unincorporated association. Cheap and simple to set up, with no registration needed, but it remains a collection of individuals. If it closes with debts, committee members can be personally liable, and it can't own property or sign contracts in its own name.
  • Incorporated body (for example a company limited by guarantee, a community benefit society or a charitable incorporated organisation). It has its own legal identity and limits members' liability, but has start-up costs, annual fees and records to file.

The Welsh guidance says you're likely to need expert advice before deciding, especially if you plan to take on a lease or own anything.

Write a constitution

A constitution is simply your group's aims and rules. The Welsh guidance says most include:

  • the group's name and aims
  • its powers
  • who can join
  • how it's managed
  • finances
  • meetings, including the AGM
  • rules of procedure
  • how to change the constitution
  • what happens if the group winds up

An unincorporated group's constitution doesn't need to be registered with anyone.

Choose officers

The essential roles are chair, secretary and treasurer.

Step 3: think about self-management

Some councils lease a site to an association or hand over its day-to-day management. That's known as a "self-managed" site. On a statutory site, devolving management or granting a lease doesn't change its statutory status.

Self-management can mean the association collects rents, lets plots, runs inspections and handles disputes. Before you agree, ask:

  • What exactly is being handed over, and what stays with the council?
  • Who pays for repairs to water, fencing and gates?
  • What insurance does the association need?
  • How long is the lease or agreement, and how does it end?

Welsh Government guidance tells councils letting land to insist the people using it have public liability insurance.

Get help

The National Allotment Society (NSALG) supports associations and plot-holders. VERIFY: confirm current NSALG/National Allotment Society services for associations (model constitution, insurance, legal advice) from their own site before listing them.

FAQs

How many people do you need to ask for allotments?

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

Does an allotment association need a constitution?

It's the usual way to set out your aims and rules. An unincorporated association's constitution doesn't need registering.

No. If it's a statutory site, its status doesn't change when management is devolved or leased to an association.

Your next step

Find five other residents who want a plot and draft your letter to the council. Our guide to your council's duty explains the law behind it.

Sources

  • legislation.gov.uk: Small Holdings and Allotments Act 1908 s.23: a council must provide a sufficient number of allotments where there is demand; six registered electors can make a written representation checked 24 Oct 2026
  • GOV.WALES: Welsh Government guidance for growers and growing groups (March 2021): site permission is separate from planning permission; permitted development in Wales for sheds and greenhouses (including polytunnels) on allotments: one shed and one greenhouse on 125 sq m or more, one of either on 62-125 sq m, none under 62 sq m; each no more than 6 sq m and 2.2m high; not in protected areas; a constitution sets out aims and rules; unincorporated association members can be personally liable for debts; officers are chair, secretary and treasurer awaiting check
  • GOV.WALES: Welsh Government guidance (March 2021): statutory duty to provide allotments if there is demand; six residents can request provision; the law gives no timeframe but Welsh Government expects progress within a year; council notice to quit is 12 months or more ending on or before 6 April or on or after 29 September (one month for 40 days' unpaid rent or breach); no subletting without permission; hens and rabbits allowed for own use, not cockerels, subject to landlord permission; temporary and private sites aren't covered by allotment law; a self-managed statutory site keeps its status; councils letting land should insist users have public liability insurance awaiting check
  • legislation.gov.uk: Community Empowerment (Scotland) Act 2015 ss.111-112: Scottish councils must keep an allotment waiting list and, where the s.112 thresholds apply, take reasonable steps to keep it to no more than half their number of plots, with no one waiting more than 5 years checked 24 Oct 2026
  • legislation.gov.uk: Allotments Act (Northern Ireland) 1932 s.1: a council may, if it thinks fit, provide allotments for residents of its district (a power, not a duty) awaiting check