Manage access land and SSSIs on your property

If you own or manage land in England or Wales, the Countryside and Rights of Way Act 2000 (CROW Act) may give the public the right to walk on your property. This is known as the 'right to roam'. Around 1.3 million hectares of land in England and Wales are designated as open access land.

The law also strengthens protection for Sites of Special Scientific Interest (SSSIs). If your land includes an SSSI, you face strict obligations and serious penalties for damaging its special features.

This guide explains what these laws mean for you as a landowner, how to manage public access, and how to avoid criminal penalties for SSSI damage.

What is open access land?

Open access land is land where the public has a legal right to walk freely on foot, without having to stick to paths. The public can exercise this right for recreational purposes without your permission.

This does not mean you have lost control of your land. The right to roam has clear limits, and you retain ownership and most management rights.

What is automatically excluded from access?

Not all of your land is necessarily open to the public. The CROW Act automatically excludes certain types of land, known as 'excepted land'. You do not need to apply for these exclusions - they apply by law.

The most important exclusion for farming businesses is cultivated land. If you have ploughed, drilled, or otherwise disturbed soil in the previous 12 months for crops or trees, that land is excepted from access rights. This protects actively farmed land.

Your reduced liability for natural features

One significant benefit of the CROW Act for landowners is reduced liability for injuries to walkers. The normal rules about occupiers' liability are relaxed for open access land.

This matters because it means you do not need to take extensive safety precautions for natural landscape features. Insurance is not compulsory, and you owe a lesser duty of care to people exercising access rights.

Practical implications for land management

The reduced liability protection means you can manage your land normally without worrying about every tree branch or stream on your property. However, it does not give you permission to create new hazards.

Before considering expensive liability insurance or safety improvements, review what the CROW Act actually requires. Many landowners over-insure or over-engineer their land unnecessarily.

Restricting access temporarily

You can restrict public access to your open access land in certain circumstances. There are two main routes: discretionary closures (up to 28 days) and formal restriction applications.

When 28 days is not enough

If you need to restrict access for longer than 28 days, or during bank holidays or Christmas week, you must apply to the relevant authority for a formal restriction. The grounds are limited to land management, public safety (from work operations, not natural features), and fire prevention.

What you cannot do: False signage penalties

It is a criminal offence to display signs that falsely deter the public from exercising their access rights. This includes signs that exaggerate dangers, falsely claim the land is private, or mislead people about their rights.

Accurate signs are fine. You can display signs explaining the rules, marking closed areas during restrictions, or providing safety information. What you cannot do is mislead people into thinking they have no right to be there.

Dealing with visitors who break the rules

The right to roam has limits. Visitors cannot use vehicles, light fires, camp, trade, or damage your property. If they violate these restrictions, they lose their access rights and become trespassers.

Practical enforcement tips

• Start informal: A polite request is often more effective than legal action. Most visitors do not know the rules and will leave when asked.
• Document persistent problems: If specific individuals repeatedly violate restrictions, keep records of dates, times, and what happened. This evidence supports injunction applications.
• Use clear signage: Explain what is and is not permitted. Signs can prevent problems before they start.
• Know the 72-hour rule: Once you have asked someone to leave, they cannot return for 72 hours. If they do, they are trespassing.

Sites of Special Scientific Interest (SSSIs)

Part III of the CROW Act significantly strengthened protection for SSSIs. If any of your land is designated as an SSSI, you face strict obligations and serious penalties.

An SSSI is an area of land notified under the Wildlife and Countryside Act 1981 because of its special wildlife or geological features. There are over 4,100 SSSIs in England alone, covering about 8% of the country. Many landowners do not realise their land includes an SSSI until they plan works that trigger notification requirements.

Finding out if your land is an SSSI

Check the MAGIC map (Multi-Agency Geographic Information for the Countryside) or contact Natural England. When you buy land, SSSI status should be disclosed in conveyancing searches, but older ownerships may not have this documented.

If your land is an SSSI, you should have received a notification document from Natural England listing the special features and the operations requiring consent (ORCs). If you have not received this, contact Natural England to obtain it.

The consent process in practice

The SSSI consent system is not designed to stop you using your land. It is designed to ensure that operations are carried out in ways that do not damage the special features.

In many cases, Natural England will grant consent, possibly with conditions. Alternatively, they may offer a management agreement where you are paid to manage the land in ways that benefit conservation. This can be a significant income stream for landowners.

SSSI damage penalties: Why this matters

The penalties for damaging an SSSI without consent are severe. The CROW Act significantly increased these from the original Wildlife and Countryside Act levels.

Management agreements: Getting paid for conservation

If Natural England refuses consent for an operation, they may offer you a management agreement - they are not obliged to. This is a contract where you agree to manage the land in specified ways (or not carry out certain operations) in return for annual payments.

Management agreements can be valuable. Payments are calculated to compensate you for the economic impact of not carrying out the operation, plus additional amounts for positive conservation management. For many landowners, especially on marginal land, management agreement income exceeds what they would earn from the proposed operation.

You are not obliged to accept a management agreement. If consent is refused, or granted subject to conditions you object to, your formal remedy is an appeal to the Secretary of State within 2 months of the decision. Proceeding with the operation without consent is an offence regardless of any offer made or refused.

What to do next

If you own or manage land that may be affected by the CROW Act:

1. Check whether your land is open access land: Use the Natural England or Natural Resources Wales online maps to identify designated access land on your property.
2. Check whether any of your land is an SSSI: Use the MAGIC map or contact Natural England/NRW. Obtain the notification document for any SSSI areas.
3. Review your insurance: Given the reduced liability for access land, you may be over-insured. However, SSSI damage could be excluded from standard policies - check your cover.
4. Plan operations in advance: If you need to restrict access or carry out SSSI operations, build in time for the application and decision process. Rushing leads to mistakes and potential offences.
5. Consider management agreements: If you have SSSI land, proactively contact Natural England about management agreement opportunities. Conservation payments may exceed agricultural income on difficult or marginal land.