Guidance

Common land guidance sheet 1a: consent to construct works on common land

Under section 38 of the Commons Act 2006, you need our consent to carry out any restricted works on land registered as common land.

Applies to England and Wales

Documents

Details

This guidance sheet contains information on:

  • do I need consent
  • how do I know that making a section 38 application is the best way forward
  • what steps should I take before applying
  • if I apply under section 38, is my application likely to succeed
  • how do I make an application, and what will happen to it
  • how long will all this take
  • what happens if I make a mistake with my application
  • what should I do if I need to carry out emergency work on a common
Published 1 January 2015
Last updated 26 March 2024 + show all updates
  1. Information update on 'What steps should I take before applying' and new section 'post decision'

  2. Updated text under: What steps should I take before applying?

  3. Document updated in line with new accessibility regulations

  4. Guidance sheet updated.

  5. Guidance sheet updated to reflect how long our cases are taking.

  6. guidance sheet updated with links to other guidance and legislation.

  7. Guidance document updated

  8. First published.