Last edited 28 Mar 2025

Public land

In the UK public land is essentially land which is owned by the Government, or belong to part of the central government estate, which may include land of the Ministry of Defence (MoD), the Department for Transport (DfT), the Ministry of Housing (formerly the Department for Levelling Up, Housing and Communities), Homes England, the Department of Health, Social Care or the Ministry of Justice (MoJ) or the Forestry Commission.

Public land is not the same as public access land, publically accessible land or common land, though some public land is for public access, for example some forests are publicly owned forests, managed by the Forestry Commission, which is a non-ministerial government department and are available to the public for recreation. On the other side of the spectrum some public land is run by the Ministry of Defence (MoD) and in most cases is most definately not publically accessible.

The term common land is also sometimes used to refer to land in public ownership or to which everyone has access but this is incorrect. Land must be legally registered as a common to have such status. It is a popular misconception is that any person has a right to enter common land. Although this is usually the case, it is not automatically so, though there is a public right of access to nearly all common land under the Countryside and Rights of Way Act 2000. The laws as applied to common land are often the same as for any other piece of private land, other than for certain people who possess commoners’ rights. This is a complex and very locally-variable part of the law, and local advice should be sought about the exact status of the land and its users before using what might be common land.

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