Guidance
Do I need consent?
Certain types of works on common land can be carried out without consent from the Secretary of State because they are exempt. Other works will require deregistration of the land, because an application for consent under Section 38 is unlikely to succeed. It is ultimately up to the applicant to determine whether consent is needed, and which part of the legislation applies.
The guidance sheets below will help inform that decision.
Guidance Sheets
Notes on completing an application to deregister, or to deregister and exchange, common land or town or village greens Commons Act 2006: Section 16
Download this guidance in PDF 
104kb
Download this guidance in Word 
116kb
Notes for making an application for consent to construct works on common land Commons Act 2006: Section 38
Download this guidance in PDF 88kb
Download this guidance in Word 121kb
Guidance Sheets
Common Land Guidance Sheet 1a Consent to construct works on common land
Download this guidance in PDF 71kb
Download this guidance in Word 106kb
Common Land Guidance Sheet 1b Works and processes that do not need Section 38 consent
Download this guidance in PDF 15kb
Download this guidance in Word 39kb
Common Land Guidance Sheet 1c Works exempt from Section 38 consent process
Download this guidance in PDF 25kb
Download this guidance in Word 69kb
Common Land Guidance Sheet 2a Special consent provisions: National Trust Commons
Download this guidance in PDF 75kb
Download this guidance in Word 91kb
Common Land Guidance Sheet 2b Special consent provisions (Village Greens, Commons in London Boroughs, Schemes of Management)
Download this guidance in PDF 71kb
Download this guidance in Word 98kb
Common Land Guidance Sheet 3 Public Inquiry or Hearing
Download this guidance in PDF 18kb
Download this guidance in Word 54kb
Common Land Guidance Sheet 4 Car Parks, Access Roads, Tracks and Footpaths
Download this guidance in PDF 10kb
Download this guidance in Word 36kb
Common Land Guidance Sheet 5 Maintaining and Extending Existing Works
Download this guidance in PDF 14kb
Download this guidance in Word 29kb
Common Land Guidance Sheet 6 Possible Modifications and Conditions
Download this guidance in PDF 9kb
Download this guidance in Word 30kb
Common Land Guidance Sheet 7 Applications to Vary or Revoke a Modification or Condition, or to Change the Terms of a Section 38 Consent
Download this guidance in PDF 11kb
Download this guidance in Word 31kb
Common Land Guidance Sheet 8 Sites of Special Scientific Interest and other European Conservation Sites
Download this guidance in PDF 9kb
Download this guidance in Word 30kb
Common Land Guidance Sheet 9 Works that are exempt from the section 38 controls under section 38(6)
Download this guidance in PDF 9kb
Download this guidance in Word 28kb
Common Land Guidance Sheet 10 Highways and Cattle Grids
Download this guidance in PDF 11kb
Download this guidance in Word 30kb
Common Land Guidance Sheet 11 Rights of Way
Download this guidance in PDF 8kb
Download this guidance in Word 28kb
Common Land Guidance Sheet 12 Enforcement against unlawful works on common land
Download this guidance in PDF 50kb
Download this guidance in Word 112kb
Common Land Guidance Sheet 12a Unlawful works erected before 1 October 2007
Download this Guidance in PDF 10kb
Dowbload this guidance in Word 26kb
Guidance on the Secretary of State’s policy in relation to consents issued under the Commons Act 2006 can be found on the Defra website
How to view PDF documents
PDF files can be viewed using Adobe's Acrobat Reader. You can download Acrobat Reader free of charge from the Adobe website. Visit Access Adobe to find out how people with visual disabilities can get the most from this software.
