Common land guidance sheet 1a: consent to construct works on common land
Under section 38 of the Commons Act 2006, you need our consent to carry out any restricted works on land registered as common land.
Applies to England and Wales
Documents
Details
This guidance sheet contains information on:
- do I need consent
- how do I know that making a section 38 application is the best way forward
- what steps should I take before applying
- if I apply under section 38, is my application likely to succeed
- how do I make an application, and what will happen to it
- how long will all this take
- what happens if I make a mistake with my application
- what should I do if I need to carry out emergency work on a common
Details
This guidance sheet contains information on:
- do I need consent
- how do I know that making a section 38 application is the best way forward
- what steps should I take before applying
- if I apply under section 38, is my application likely to succeed
- how do I make an application, and what will happen to it
- how long will all this take
- what happens if I make a mistake with my application
- what should I do if I need to carry out emergency work on a common
Updates to this page
Last updated
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6 January 2025 First paragraph under ‘Post Decision’ updated.
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26 March 2024 Information update on 'What steps should I take before applying' and new section 'post decision'
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17 February 2022 Updated text under: What steps should I take before applying?
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16 March 2021 Document updated in line with new accessibility regulations
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29 April 2020 Guidance sheet updated.
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22 January 2020 Guidance sheet updated to reflect how long our cases are taking.
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14 September 2018 guidance sheet updated with links to other guidance and legislation.
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21 May 2018 Guidance document updated
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1 January 2015 First published.
Update history
2025-04-03 13:13
How long will all this take? information updated
2025-01-06 14:02
First paragraph under ‘Post Decision’ updated.
2024-03-26 11:14
Information update on ‘What steps should I take before applying’ and new section ‘post decision’
2022-02-17 11:12
Updated text under: What steps should I take before applying?