Guidance

Model byelaws

Updated 3 January 2024

Applies to England

You can use these model byelaw templates when writing your own byelaw and adapt them to your local situation. 

Where the template says in square brackets ‘the byelaw making authority’ use the name of the authority drafting the byelaws. Where it says ‘the land’ use the name of the green space or location to which the byelaws apply.  Do not write ‘the byelaw making authority’ or ‘the land’ in your draft. Write clearly so that the byelaw can be understood.

Generally, square brackets indicate: 

• that you should insert your authority’s details, for example, [insert name of authority] 
• a choice of wording, for example, ‘attached to a control line [or] radio-controlled [and] kept under effective control’, where one form of wording must be chosen 

If you need help adapting the model byelaws, email Defra at: accessheoteam@defra.gov.uk

Byelaw templates 

Aircraft 

• No person shall, except in case of emergency or with the consent of the [byelaw making authority], take off from or land upon [the land] in an aircraft, helicopter, hang-glider or hot-air balloon. 

Bathing 

• No person shall, without reasonable excuse, bathe or swim in any waterway comprised in [the land], except in an area where a notice exhibited by [the byelaw making authority] permits bathing and swimming. 

Camping 

• No person shall on [the land], without the consent of [the byelaw making authority], erect a tent or use any vehicle, including a caravan, or any other structure for the purpose of camping, except on any area which may be set apart and indicated by notice as a place where camping is permitted. 

Erection of structures 

• No person shall on [the land], without the consent of [the byelaw making authority], erect any post, rail, fence, pole, tent, booth, stand, building or other structure. 

Fires 

• No person shall on [the land] intentionally light a fire, or place, throw or let fall a lighted match or any other thing so as to be likely to cause a fire. 

• This byelaw shall not prevent the lighting or use of a properly constructed camping stove or cooker in any area set aside for the purpose, in such a manner as not to cause danger of or damage by fire. 

Games 

• Where [the byelaw making authority] has, by a notice placed in a conspicuous position on [the land], set apart an area on [the land] for the playing of such games as may be specified in the notice, no person shall: 

  • play in such an area any game other than the game for which it has been set apart 

  • use any such area so as to give reasonable grounds for annoyance to any person already using that area for any purpose for which it has been set apart 
  • any game so specified in any other part of [the land] in such a manner as to exclude any person not playing the game from the use of that part 
• No person shall, in any area of [the land] which may have been set apart by [the byelaw making authority] for any game, play any game when the state of [the land] or other cause makes it unfit for use and a notice is placed in a conspicuous position prohibiting play in that area of [the land].

• No person shall on [the land] play any game either (this byelaw shall not extend to any area set apart by [the byelaw making authority] for the playing of any game): 

  • as to give reasonable grounds for annoyance to any other person on [the land] 

  • which is likely to cause damage to any tree, shrub or plant on [the land] 

General prohibition 

Read guidance about model aircraft byelaws in Annex 1

• No person shall on [the land] release any power-driven model aircraft for flight or control the flight of such an aircraft. 
• No person shall cause any power-driven model aircraft to take off or land on [the land]. 

Use permitted in certain specified areas 

• Where any part of [the land] has, by a notice conspicuously exhibited on [the land], been set apart for the flying of power-driven model aircraft, no person in any other part of [the land] shall release any such aircraft for flight, or control the flight of such an aircraft, and no person shall, in such other part of [the land]: cause such an aircraft to take off, or without reasonable excuse, cause such an aircraft to land. 
• Where an area within a part of [the land] so set apart for the flying of power-driven model aircraft is designated as an area from which aircraft may be launched and is described in a notice placed in a conspicuous position on [the land], no person shall release such an aircraft for flight, or cause such an aircraft to take off, in any part of [the land] other than that area. 

Use permitted if under control 

• No person shall on [the land]: release any power-driven model aircraft for flight or control the flight of such an aircraft, or cause any such aircraft to take off or land on [the land], unless it is [insert as necessary according to the circumstances of the ground] attached to a control line [or] radio-controlled [and] kept under effective control. 

Use permitted within specified hours 

• No person shall on [the land]: release any power-driven model aircraft for flight or control the flight of such an aircraft, or cause any such aircraft to take off or land, except on the days and during the hours specified in the following table: 

Name of land	Days	Hours
[insert name]	[insert days]	[insert hours]

Golf 

• No person shall on [the land] drive, chip or pitch a hard golf ball (except on land set aside by [the byelaw making authority] for use as a golf course, golf driving range, golf practice area or putting course). 

Kites 

• No person shall on [the land] fly or cause or permit to be flown any kite in such a manner as to cause a danger or annoyance to any other person on [the land]. 

Metal detectors 

• No person shall on [the land], without the consent of [the byelaw-making authority], use any device designed or adapted for detecting or locating any metal or mineral in the ground. 

Missiles 

• No person shall on [the land], to the danger or annoyance of any other person on [the land], throw or discharge any missile. 

Noise 

• No person on [the land] shall, after being requested to desist by an officer of [the authority], or by any person annoyed or disturbed, or by any person acting on his behalf:  

  • by shouting or singing 
  • by playing on a musical instrument 
  • by operating or permitting to be operated any radio, CD player or other device capable of emitting sound 

This byelaw shall not apply to any person holding or taking part in any entertainment held with the consent of [the byelaw making authority]. 

Pollution of waterways 

• No person shall intentionally, carelessly or negligently foul or pollute any waterway comprised in [the land]. 

Protection of wildlife 

• No person shall on [the land] intentionally kill, injure, take or disturb any animal or fish, or engage in hunting, shooting or fishing, or the setting of traps or nets, or the laying of snares. 
• This byelaw shall not prohibit any fishing which may be authorised by [the byelaw making authority]. 

Public shows, exhibitions and structures 

• No person shall on [the land], without the consent of [the byelaw making authority], place or take part in any show or exhibition, or set up any swing, roundabout or other like thing. 

Removal of structures 

• No person shall, without reasonable excuse, remove from or displace on [the land] any barrier, railing, sign, post or seat, or any part of any structure or ornament, or any implement provided for use in the laying out or maintenance of [the land]. 

Removal of substances 

• No person shall remove from or displace on [the land] any stone, soil or turf, or the whole or any part of any plant, shrub or tree. 

Trading  

• No person shall on [the land], without the consent of [the byelaw making authority], sell, or offer or expose for sale, or let to hire, or offer or expose for letting to hire, any service, commodity or article.  

Watercourses  

• No person shall knowingly cause or permit the flow of any drain or watercourse on [the land] to be obstructed or diverted, or open, shut or otherwise work or operate any sluice or similar apparatus on [the land]. 

Savings 

• An act necessary to the proper execution of his duty on [the land] by an officer of [the byelaw making authority], or any act which is necessary to the proper execution of any contract with [the byelaw making authority], shall not be an offence under these byelaws. 
• Nothing in or done under any of the provisions of these byelaws shall in any respect prejudice or injuriously affect any public right of way through [the land], or the rights of any person acting legally by virtue of some estate, right or interest in, over or affecting [the land] or any part thereof. 

Obstruction or annoyance 

• No person shall on [the land]: intentionally obstruct any officer of [the byelaw making authority] in the proper execution of his duties, or intentionally obstruct any person carrying out an act which is necessary to the proper execution of any contract with [the byelaw making authority], or of [the land]. 

Penalty 

• Any person offending against any of these byelaws shall be liable on summary conviction to a fine not exceeding level 2 on the standard scale. 

Model revocation byelaw 

The model revocation should follow the template set out as follows. Insert information in the square brackets with the relevant details of revocation and remove the revoking clause if it is not required.  

[Name of the authority] 

REVOCATION BYELAW 

Byelaw made under [insert enabling legislation] by [insert name of the authority] with respect to [state subject matter].  

REVOCATION  

Where a set of byelaws is to be revoked  

The byelaws made by [insert name] on [insert date] and confirmed by [insert name of confirming authority] on [insert date] of confirmation are revoked.  

Where a single byelaw or more than one byelaw is to be revoked. 

Byelaws [insert numbers] of the byelaws made by [insert name] on [insert date] and [confirmed by insert name] of [confirming authority] on [insert date of confirmation] is revoked.  

WHERE A SCHEDULE IS TO BE REVOKED  

Schedule [insert] number, if necessary, of the byelaws made by [insert name] on [insert date] and confirmed by [insert name] of confirming authority on [insert date] of confirmation are revoked.

Annex 1: Guidance about model aircraft byelaws 

Do not use this guidance text in your draft byelaw. 

All flying of model aircraft in the United Kingdom is controlled by Article 64 of the Air Navigation order, issued by the Civil Aviation Authority, which states that:  

“A person shall not recklessly or negligently cause or permit an aircraft to endanger any person or property”.  

Before making model aircraft byelaws, byelaw making authorities should seek advice from the British Model Flying Association and consult the Safety Code of the British Model Flying Association for guidance on what types of models might be flown in particular grounds. 

Byelaw making authorities should take account of the provisions of the Code of Practice on noise from model aircraft. They should also consult the Safety Code of the British Model Flying Association for guidance on what types of models might be flown in particular grounds.  

Before making and advertising the byelaws the council should bring their proposals to the notice of the British Model Flying Association and of any local model aircraft clubs and consider their views. 

These are interpretation of terms used in these byelaws, use those which occur in the byelaws selected: 

• “power-driven model aircraft” means an aircraft driven by the combustion of petrol vapour or other combustible vapour or other combustible and subject to the Code of Practice on Noise from Model Aircraft 1982 which either:  

  • weighs between 500 grams and 7 kilograms without its fuel  

  • weighs more than 7 kilograms and up to 20 kilograms without its fuel and is regulated by the Air Navigation Order 
  • weighs over 20 kilograms without its fuel and is exempt from the Air Navigation Order
• “radio-controlled” means controlled by a radio signal from a wireless transmitter or similar device 
• the ‘Noise Code’ means the Code of Practice issued by Defra of the Environment in pursuance of the approval given by the Control of Noise (Code of Practice on Noise from Model Aircraft) Order 1981 

Notes about model aircraft byelaws 

The general prohibition byelaw bans power-driven model aircraft flying altogether.  

The general prohibition byelaw cannot be used with other byelaws. 

The use permitted in certain specified areas byelaw allows power-driven model flying in a designated area.  

The use permitted if under control byelaw places controls on the type of power-driven model aircraft flown.  

The use permitted within specified hours byelaw allows times and days to be specified on which power-driven model aircraft flying is allowed. Select only those appropriate.