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Land Use & Local Laws
Understanding airspace is only part of safe and legal drone flying in the UK. You must also comply with all land access, property rights, and local authority rules. This guide explains when you need landowner permission, how bylaws can restrict flights, and how to operate responsibly near protected areas and sensitive sites.
Landowner Permissions & Local Bylaws
- Airspace Permissions vs Land Rights: The CAA controls airspace, but land access is governed by property law and local authority regulations.
- Private and Public Land: Landowners, including councils, businesses, the National Trust, and individuals, can refuse take-off and landing from their property.
- Permission Required: Many councils restrict or ban drones in parks, commons, beaches, and other public spaces. Always check local bylaws and PSPO registers. Taking off or landing without consent can be trespass, or aggravated trespass if repeated.
- CAA Authority Limits: CAA Operational Authorisations do not override property rights or local bylaws.
CROW Act: Countryside and Rights of Way Act 2000
The Countryside and Rights of Way Act 2000 establishes the public right to walk on designated open access land in England and Wales. This includes mountain, moor, heath, downland and registered common land identified on official access maps.
- Right to roam is on foot only: Access rights under the Act are limited to walking for open-air recreation. Activities such as cycling, horse riding, commercial work, or drone operations are not included.
- No right to take off or land a drone: The Act does not provide permission to launch or recover drones on open access land. Landowner consent is always required, even where the public may enter on foot. Confirm the land designation and any current restrictions before planning a flight.
- Temporary closures and restrictions: Access may be suspended for safety, conservation or fire risk. Always obey on-site notices, and plan alternate launch or recovery points where access may change at short notice.
- Sensitive habitats and wildlife: Many open access areas overlap with protected environmental sites such as SSSIs or RAMSAR wetlands. Avoid operating near nesting birds, livestock or fragile habitats, especially during breeding seasons.
- Property rights remain in force: The CAA’s airspace authority does not override landowner decisions or local bylaws. Responsible pilots should obtain written permission where possible and document mitigations such as safe separation distances, recovery points, and environmental precautions.
Sites of Special Scientific Interest (SSSIs) & Protected Environmental Areas
- What are they? Legally protected sites under UK law, including SSSIs, RAMSAR sites, National Nature Reserves, and other designated wildlife habitats, often under the Wildlife & Countryside Act 1981 or environmental regulations.
- Airspace status: These areas are not restricted airspace, but drone flights may still breach environmental laws if they disturb wildlife, especially during sensitive periods such as nesting or breeding season.
- Local restrictions: Councils may enforce additional bans through bylaws or Public Space Protection Orders (PSPOs). Check on-site signage, council notices, and Natural England/Scottish Natural Heritage resources.
Railways
- Airspace status: There are no specific airspace restrictions applying solely to railway lines in the UK.
- Applicable law: Article 241 of the Air Navigation Order (ANO) prohibits endangering any person or property with a UAS, which includes trains, railway staff, and infrastructure.
- Landowner permission: Rail infrastructure is generally owned by Network Rail or private railway companies. Permission is required to take off from or land on railway property.
- Operational considerations: Railway environments are hazardous due to overhead electrification, signalling equipment, substations, and electromagnetic interference, all of which can affect UAS control and GNSS reception.
- Best practice: Avoid flights near or over railway lines where possible. If such flights are essential, they must be conducted strictly within the limits of your current Operational Authorisation or Open Category rules.
Military Sites (Non-Airfields)
- Airspace status: In the absence of a Restricted Area, Prohibited Area, or other notified restriction, standard drone rules apply to flights over or near military sites such as barracks, training facilities, or depots.
- National Security Act 2023: Section 4 of the Act makes it a criminal offence to cause an unmanned aircraft to approach, pass over, or be in the vicinity of a designated “prohibited place” for any purpose prejudicial to the safety or interests of the UK. This includes taking or inspecting photographs or video of such sites. Applies whether conduct is in person or by remote means, and includes causing an unmanned aircraft to do so.
- Penalties: Conviction under Section 4 of the National Security Act 2023 can result in up to 14 years imprisonment, a fine, or both.
- Best practice: Avoid operating near any military site unless you have a legitimate, authorised reason and are certain it does not contravene the National Security Act or any other legislation.