Obligations and restrictions on access land
The Countryside and Rights of Way Act 2000 provides for recreational activities on foot such as walking, bird-watching and climbing on the 940,000 hectares of mapped areas of mountain, moor, heath land, down landand registered common land in England and Wales. But it is not is right to walk anywhere you like, this right of access on foot only applies to mapped areas.
Obligations on visitors to access land
If you can, it is always a good idea to check www.countrysideaccess.gov.uk before you head off to see if the area you are visiting has any restrictions and always follow any signs and warnings you may come across.
Restrictions on access land do not affect existing public rights of way. Where there are restrictions on access land you still have a legal right to use public rights of way on the land.
Dogs are allowed on access land but local restrictions can be in place and all dogs have to be on a fixed lead of no more than 2 meters long in the main ground nesting bird breeding season, March 1st to 31st of July.
When entering access land you must not damage any wall, fence, hedge, stile or gate.
Some things are specifically not allowed on access land, these are given as a list of general restrictions. This list included such things as:
• Driving or riding any vehicle
• Using a vessel or sailboard on any non-tidal water
• Having with you any animal other than a dog
• Lighting or tending a fire
• Intentionally killing or disturbing any wildlife
• Intentionally damaging or destroying any eggs, nests or plants
• Feeding livestock
• Bathing in any non-tidal water
• Hunting, shooting or fishing
• Using a metal detector,
• Hindering the flow of any drain or watercourse
• Neglecting to shut any gate, except where it is ntended to be left open,
• Engaging in any organised games, or in camping, hang-gliding or para-gliding
• Engaging in any activity which is organised or undertaken (whether by him or her or another) for any commercial purpose
However, a landowner may give permission for any of these activities on their land, and may also withdraw that permission without notice.
Obligations on land managers
Landowners and land managers have some obligations to ensure that the public are free to enjoy the new right of access.
It is an offence for a landowner or land manager to erect or maintain a false or misleading notices on, near or on the way to access land. Landowners are also still legally required to ensure that all rights of way on their land are clear.
To report a problem, fill out our online problem report form.
CRoW also has a significant effect on the level of liability owed by landowners to those walking on their land, reducing it to that owed to a trespasser. The Occupiers' Liability Act 1984 was amended by CRoW so that there is no duty owed by the owner or occupier of access land to anyone injured by any natural feature (or any river, stream, ditch or pond, whether or not a natural feature) or by improperly using any wall, fence or gate.
Landowners will, of course, still be liable for any injuries where they have either intended to create the risk or have been reckless in allowing that risk to be created. For example, a farmer who allowed an animal likely to attack visitors to roam freely where the public has access may be liable if any injury occurs.
Restrictions on access land
By landowners using their discretionary powers
Landowners can exclude or restrict access for any reason for up to 28 days a year. These closures cannot take place on bank holidays; on more than four Saturdays or Sundays a year; on any Saturday between the 1st of June and the 11th of August; or any Sunday between the 1st of June and the 30th of September.
Landowners must notify the relevant authority five working days before the day of closure. However, if the land area affected is small (under five hectares) or the closure is for less than four hours, landowners may only give two hours notice.
Owners of moorland used for the breeding and shooting of grouse may ban dogs from the land for up to five years. Landowners may also ban dogs from lambing enclosures for up to six weeks in any year.
By landowner application to the relevant authority
The relevant authority is a National Park Authority, OR outside a National Park the Countryside Agency, OR, in the case of dedicated forests, the Forestry Commission.
Landowners may apply to the relevant authority for a ‘direction’ to restrict access over and above the 28-day discretionary limit. Applications for land management, public safety or fire prevention will be considered. When determining applications for further restrictions, the relevant authority will take into account whether a landowner has used any of their 28 discretionary days and/or how they propose to use them in future.
Relevant authorities should also consider the use of informal management techniques before granting directions for restrictions. Where possible, management techniques such as encouraging the use of paths, limiting car parking, creating entry points, or controls on dogs rather than total closures may be used. Informal management techniques require no prior approval and may be used at any time, as often as necessary. Unlike formal restrictions, informal management techniques have no legal force – the public are not required to comply, but they will often do so if the request is reasonable and the purpose of it clear.
Where a direction for a formal restriction is required, the relevant authority should only give a direction for the least restrictive option necessary for the purpose stated in the application. For example, if land management operations can be undertaken with only a restriction to a linear route, this option should be preferred to a complete ban on walkers.
Local access forums and the public will be invited to comment on proposals for long-term restrictions. Long-term restrictions are defined as those lasting six months or more. Proposals for long–term restrictions, and information about how to comment on proposals can be viewed at: http://www.openaccess.gov.uk/.
Landowners seeking a direction have a right to appeal against decisions by the relevant authority.
The relevant authority may close or restrict access for nature and heritage conservation, public safety or fire risk without any application from the landowner. Landowners may not apply for closures or restrictions for nature or heritage conservation.
The relevant authority will be advised by English Nature (EN) and English Heritage (EH) as to where restrictions for nature or heritage conservation should be considered. The Secretary of State may also exclude or restrict access on the grounds of defence or national security. Under this provision, restrictions or closures can be made for any length of time but must be reviewed not less than every five years.
How can I find out where restrictions apply?
To find out where restrictions are in force, visit www.countrysideaccess.gov.uk and select a mapping area, then specifically where you would like to visit and when you will be visiting.
Access land will be shown in a yellow wash. Any restricted areas will be shown in a red wash. If you do see a restricted area, it will be important to check the box marked ‘restrictions list’ at the bottom right of the page. This will tell you whether the restriction is on dogs, or on people, and the reasons for the restriction.
Where the land manager imposes or applies for restrictions, he or she will normally be responsible for any signage on site. Where restrictions have been imposed at the behest of a relevant authority (eg for nature conservation), the access authority may erect and maintain signs.
Any sign or notice should state clearly the date(s) on which the restriction is in force, the type of restriction (e.g. a ban on dogs), the area affected, and the reason for the restriction. It is illegal to display a misleading or false notice on access land.
Reporting problems on access land
If out walking you find a notice that you believe is wrong or misleading please take a note and/or photograph of it, and report it to the Ramblers’ Association and the relevant authority. We have provided a form to make this simpler but feel free to give as much information as you can. Down load more copies of the access and path problem report form.
