Guidance

Common land guidance sheet 1b: works and processes that do not need Section 38 consent

Works and processes that do not need Section 38 consent, including a list of the works that we think fall outside the scope of section 38

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You should first consider whether the works you are proposing would have the effect of preventing or impeding access to or over the common. If they do not then, unless the works are for the resurfacing of land, they fall outside of the scope of the restricted works described in section 38 and no consent is needed. We recognise that deciding whether works are outside the scope of section 38 is not always straightforward and any works on common land may be challengeable through the courts.