Heather and grass burning: rules and when you need a licence
When you need a licence, when you can burn and how to burn safely.
Applies to England
You may need a licence to burn heather, rough grass and other vegetation (gorse, bracken and Vaccinium species such as bilberries).
Defra and Natural England both provide licences for burning heather and grass. You may need to apply for more than one licence.
If you do not need a licence, you must only burn during the burning season.
If you’re burning in private gardens or allotments, follow guidance on garden bonfires.
When you need a Natural England licence
You must apply for a licence from Natural England if any of the following apply to your burn:
- it is outside the burning season
- it will cover more than 10 hectares in a single burn
- it will cover more than 0.5 hectares on a slope steeper than 45 degrees or on rocky or scree areas
- it will expose more than 0.5 hectares of bare soil (where no more than 2% is covered by plants)
- it will expose more than 25 metres of bare soil along the banks of a watercourse (any channel with flowing water, apart from pipes) that is wider than one metre for its entire length
- it will leave soil smouldering for more than 48 hours
If none of these apply, you may still need to apply for a Defra licence.
When you need a Defra licence
You must apply for a licence from Defra to burn in areas that are both:
- on peat deeper than 30cm
- within a less favoured area (LFA) - typically upland areas where the natural characteristics (such as geology, altitude and climate) make economic competition difficult
Check the burn area for depth
You can check that you’re complying with the regulations by measuring and recording the peat depth at places you’re planning to burn.
Follow these steps to measure peat depth for every 2,500m² (0.25 hectares):
- Take a photograph of the equipment you’re using to measure peat depths, for example a measuring stick.
- Identify the position of the 4 outer corner points and the centre point of the burn.
- Record the location of the 5 points using GPS coordinates or an 8-figure Ordnance Survey (OS) grid reference.
- Measure and record the peat depths at each of the 5 points.
For example, for an area of 7,500m² (0.75 hectares) you would repeat these steps 3 times.
If any of the places you’re planning to burn is deeper than 30cm, you will need to apply for a Defra licence to burn heather and rough grass and other vegetation (gorse, bracken and Vaccinium species such as bilberries).
Check if a burn area is within an LFA
You can check if your burn area is within an LFA in England using this map:
You can also check if your burn area is within an LFA using the Defra MAGIC map. To do this you should:
- Find the location of your burn area on the map.
- Select ‘Designations’ on the table of contents on the left-hand side of the page.
- Select ‘Land-Based Designations’.
- Select ‘Statutory’.
- Select ‘Less Favoured Areas (England)’.
You should also check if the site has any other designations:
- Site of Special Scientific Interest (SSSI)
- Special Areas of Conservation (SAC)
- Special Protection Area (SPA)
This is because there are additional permissions required for burning on these protected sites.
You can use the Defra MAGIC map to check if your burn area has any of these designations. To do this you should:
- Find the location of your burn area on the map.
- Select ‘Designations’ on the table of contents on the left-hand side of the page.
- Select ‘Land-Based Designations’.
- Select ‘Statutory’.
- Select ‘Sites of Specific Scientific Interest’ for the country the land is in.
- Select ‘Special Areas of Conservation’ for the country the land is in.
- Select ‘Special Protection Area’ for the country the land is in.
When you do not need a Defra licence
You do not need a Defra licence to burn on peat deeper than 30cm within an LFA if the total burn area in one year is 0.5 hectares or less, and either:
- the ground is steeper than 35 degrees
- more than 50% of the area to be burned is covered by exposed rock or scree (areas of loose rock)
The 0.5 hectares can be:
- a single area
- 2 or more areas within 5 metres of each other where the combined area is 0.5 hectares or less
How to apply for a licence
Apply for a licence from Natural England
You can apply for 2 licences from Natural England, depending on the type of burn you want to carry out:
- apply for a licence to burn grass and heather necessary to conserve, enhance or manage the natural environment, or for safety
- apply for a licence to burn grass and heather on railway land needed to maintain the land or for pest control
To apply, you must complete the relevant form and submit to eia.england@naturalengland.org.uk.
Apply for a licence from Defra
Follow the guidance on how to apply for a licence to burn on peat deeper than 30cm within an LFA.
Licences will usually last for one year, although you can ask to extend this time in your application. You will need to provide evidence to show why this should be longer.
When to apply for a licence
You should allow as much time as possible for your application to be processed, and at least 12 weeks before you intend to burn.
You will usually get a decision on your application within 12 weeks. If it is likely to take longer than this, Defra or Natural England will contact you. You must wait for the licence to be granted before burning.
Burning season
The burning season is from:
- 1 October to 15 April in upland areas
- 1 November to 31 March in other areas
Burning heather and grass safely
When you burn heather and grass you must:
- start burning between sunrise and sunset
- have enough people and equipment to control the burn
- take all reasonable precautions to prevent people getting injured
- take all reasonable precautions to prevent damage to the surrounding land and anything on it
When burning you must not:
- cause injury, interruption or danger to road users
- create smoke likely to damage human health or cause a nuisance
- disturb or destroy wild birds and their nests, or other protected animals, plants and habitats
- damage important monuments
- pollute watercourses and groundwater, for example through soil erosion caused by burning
How councils deal with complaints about nuisance smoke.
The refreshed Heather and Grass Management Code will be published autumn 2025.
If you do not follow the rules
If you do not follow the rules, you can be:
- sent a warning letter
- given a caution
- given an injunction
- given a ‘burning notice’ requiring you to notify Natural England of any vegetation burning you propose to do in the next 2 years
- prosecuted
- fined up to £1,000
You can appeal against a burning notice within 28 days.
Get help
If you have questions about a Natural England licence to burn heather and grass, email eia.england@naturalengland.org.uk.
If you have any questions about the Defra licence to burn on peat deeper than 30cm in an LFA, email Defra at heatherandgrassburning@defra.gov.uk.
Updates to this page
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The rules on burning on deep peat are changing. From 30 September 2025, you must apply for a Defra licence to burn on peat deeper than 30cm if the land is within a less favoured area (LFA). We’ve updated our guidance to clarify when you will need to apply for a Defra licence, in advance of applications opening. Rules and criteria for applying for a licence from Natural England have not changed.
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Removed references to cross compliance. Cross compliance no longer applies in England from 1 January 2024.
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Updated the guidance to help with readability.
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Under the 'Burning safely' section, added a link to guidance about how councils deal with nuisance smoke complaints.
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Added information about when you need a licence to burn on deep peat in a protected site and how to apply.
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First published.