Common land guidance sheet 1c: works exempt from Section 38 consent process

Category B Works: works that are exempt from the Section 38 consent process


Common Land Guidance Sheet 1c

This file may not be suitable for users of assistive technology. Request an accessible format.

If you use assistive technology (such as a screen reader) and need a version of this document in a more accessible format, please email Please tell us what format you need. It will help us if you say what assistive technology you use.


This guidance sheet contains information on a number of restricted works where section 38 consent is not required.

Firstly, the erection of temporary fencing (which may include electric fencing), for a period not exceeding six months, to enclose land for the purpose of restricting the movement of grazing animals which are on the land.

Secondly, the erection of temporary fencing, for a period not exceeding 3 years if the fence is wholly on moorland or 1 year in any other case or the erection of temporary fencing, for a period not exceeding 5 years, to enclose land in order to restrict access to it in the interests of nature conservation, where that is required under the terms of a written agreement relating to the management of the land or

Thirdly, the installation of a row, not exceeding 200 metres in length, of obstacles (such as bollards or large stones) which, whether by themselves or

Finally, together with any existing obstructions interrupting the row, are intended to prevent or restrict vehicular access to common land.

The annex is the form to apply for a declaration of exempt works.

Published 1 January 2015