Join the Club

Get the best of Editoria delivered to your inbox weekly

Exploring the laws around wild camping in the UK

Into the wild

For our ancestors, camping wasn’t just a quaint and fun way to experience nature; it was a fundamental survival skill before the dawning of protomodern human civilisation. Today, millions worldwide, myself included, relish and revel in regularly escaping the concrete jungle to immerse ourselves and reconnect with nature.

For these intrepid explorers yearning to be free packing a bag with some basic supplies and hiking off into the countryside to sit by a fire and live under their own steam is more than a revitalising hobby, it is a way of life.

Unlike traditional camping, wild camping takes place outside designated and registered campsites where there are no maintained facilities or amenities. It is an unregulated and self-guided practice that requires some prior preparation and planning but does not need any formal training to enjoy. This makes it the perfect hobby for adventurous individuals seeking a deeper sense of immersion and a more intimate connection with the natural world.

Post-lockdown, wild camping and other outdoor pursuits have become increasingly popular in the UK. This rise has accelerated as more cash-strapped compatriots have been forced to find more budget-friendly ‘staycation’ options when considering their holiday destination.

So with more people than ever before participating in this pleasurable pastime it’s important to know the law and how to practise the hobby responsibly and respectfully.

Generally, wild camping is unlawful in the UK. It is against the law in England, Wales, and Northern Ireland to camp on any privately owned property without the prior expressed permission of the landowner.

The exception that proves the rule here is Devon in England. In 2023, a UK judge ruled that section 10(1) of the ‘Dartmoor Commons Act 1985“confers on members of the public the right to rest or sleep on the Dartmoor commons, whether by day or night and whether in a tent or otherwise.”

Editors Note: While wild camping is generally prohibited in England, a notable exception exists in Dartmoor National Park. In 2023, a landmark legal ruling affirmed the public’s right to wild camp on specific areas of Dartmoor Commons, as enshrined in the Dartmoor Commons Act 1985. This means that in this designated area, adventurers can legally pitch their tents under the stars, immersing themselves in the rugged beauty of the moor. This exception is limited to Dartmoor and doesn’t extend to other parts of England, where wild camping remains unlawful without landowner permission.

Scotland is the only country in the UK to allow wild camping, as thanks to the 2003 Land Reform Act, it is lawful to camp almost anywhere north of the Border for a maximum of three nights in one location. There are obvious limits to this like camping in someone’s back garden, a school playing field or on farmed land.

You can use the Land Registry to see who owns what land/property in the UK, but it is easy for people to hide their ownership through companies and trusts so the full picture is far from clear. 

Editors Note: While the Land Registry can theoretically help identify land ownership, deciphering who holds the deed to a particular patch of wilderness isn’t always straightforward. The complexities of land ownership, often obscured by companies and trusts, can make it challenging to determine if you’re inadvertently setting up camp on private property. As a wild camper, it’s wise to supplement your Land Registry research with other methods. Engaging with locals, checking for signage, and respecting any posted notices can help you navigate the intricacies of land ownership and avoid unintended trespassing.

The four countries that make up the UK have different legislation and interpretations of their resident’s inalienable and fundamental ‘Right To Roam’. As you would imagine given its tolerance of wild camping, Scotland has the most comprehensive and inclusive ‘Right To Roam’ laws. The Scottish ‘Land Reform Act 2003’ allows extensive right of access to the majority of land for recreational activities.

England and Wales residents ‘Right To Roam’ is governed by the ‘Countryside and Rights of Way Act 2000’. The CROW Act permits recreational access in England to about 8% of designated areas and registered common lands. Meanwhile, in Wales, an estimated 20% of land area is accessible under ‘Right To Roam’ rules. Unlike the rest of the union, in Northern Ireland, there is no equivalent of the CROW Act that protects the ‘Right To Roam’.

If you are discovered unlawfully camping on private property you will likely be asked to leave as you are committing the civil non-arrestable offence of ‘Trespass’. However, should you ignore their request to vacate you may be committing the criminal arrestable offence of ‘Aggravated Trespass’.

While primarily being drafted to focus on the emergent phenomenon of free parties and rave culture, the Criminal Justice and Public Order Act 1994 is responsible for creating the criminal offence of ‘Aggravated trespass’.

What’s the Deal with Aggravated Trespass?

Aggravated trespass might sound like something out of a stuffy law book, but it’s a term that can have real consequences for adventurers like us. Basically, it means you’re not just wandering where you shouldn’t be, you’re doing something there that’s causing a ruckus. Think of it like this: if your wild camping trip turns into a full-blown festival complete with loud music and bonfires, you might cross the line from harmless wanderer to a nuisance in the eyes of the law. This comes from a 1994 law that was aimed at cracking down on raves and protests, but it’s something we wild campers need to be aware of too. So, keep it mellow, respect the land and the people around you, and you should be good to go.

Prosecution for ’Aggravated Trespass’ can result in a criminal record, up to 3 months in prison and a maximum fine of £2,500.00, however, first offenders will likely only receive a £200 – £300 fine if convicted.

It is also worth noting there are certain locations in the UK where you will be automatically committing a criminal offence by entering the area such as ‘crown land’ national security sites and licensed nuclear sites. These locations are ‘protected sites’ under the ‘Serious Organised Crime and Police Act 2005’. Prosecution under this Act can result in up to 6 months imprisonment and an unlimited fine.

Editor’s Note: While the allure of wild camping lies in its unregulated nature, do your diligence and be aware of the legal boundaries to avoid unintended consequences. Unlawful camping on private property can lead to civil trespass, while more serious offences like aggravated trespass or camping on protected sites can result in criminal charges, fines, or even imprisonment. To ensure your wild camping adventures remain on the right side of the law, prioritise responsible practices. Importantly, leave no trace of your presence.

Learn more about the history of trespassing criminalisation here.

The core philosophy of wild campers is to enjoy their time in the natural world, cook a meal, have a small and controlled fire, and build a functional campsite while seeking to leave no trace of their temporary occupation of the land. This respectful approach to wild camping is something we here at Legacy Culture support along with UK-wide ‘Land Reform’ and the vast expansion of all nation’s ‘Right To Roam’.

While wild camping remains unlawful across most of the country, due to the majority of it being privately owned, this does not stop many from participating in the peaceful practice.

In reality, most landowners and local constabularies have been historically understanding and forgiving of solo or small group campers who are practising the hobby quietly and respectfully on their property. Although, you might want to avoid camping in this farmer’s field!

Unfortunately, not everyone who camps follows these ethical tenets or conducts themselves with such dignity or humility leading to many landowners increasingly identifying camping as an antisocial behaviour to be discouraged and cracked down on.

Over the years, Farmers and landowners have discovered abandoned campsites that look like the aftermath of the worst UK music festivals with destroyed flora, scorched earth and litter and human waste indiscriminately discarded. These wanton acts of criminal damage, fly-tipping, and littering have done little to help improve the public image of wild campers.

A recent BBC article from last month, about a ‘trail of destruction’ left by campers on a UNESCO World Heritage Site in the Lake District, perfectly encapsulates this growing problem. This issue is something we believe could be related to the death of the UK festival scene and nightlife sector and could be resolved through expanding the ‘Right To Roam’, land reform and immediate investment into the country’s night-time economy.

Photo BBCNational Trust

It isn’t just the ignorance inspired by the reckless abandonment of youth or selfish motivations of private land owners that continues the criminalisation of wild camping across the vast majority of these little isles. As with many things in the UK, its historic roots lay deep in racism and classism.

The lawful prejudice against nomadic and traveller communities such as the Romany has been going on for centuries in the UK. In the 16th century, the Egyptians Act of 1530 was passed requiring their expulsion from England. A later version of the Act passed in 1554 allowed individuals to avoid prosecution “so long as they abandoned their nomadic lifestyle, or as the act put it, their “naughty, idle and ungodly life and company”

In the last century, this legislative vilification and demonisation of traveller groups have ramped up with the passing of the Caravan Sites Act 1968, the Public Order Act 1986, and the Criminal Justice and Public Order Act 1994 all directly further discriminating against them and their traditional practices.

As mentioned above, the UK government has also been waging war against the ‘free party’ and rave culture via the 1994 Criminal Justice and Public Order Act. Borne from the establishment freaking out about events like Castlemorton Common Festival in 1992, this archaic legislation acts as a cosh for the authorities to crack down on these ‘anti-social’ and counter-cultural activities.

Keep an eye out for a future article delving deeper into the history of this cultural conflict, as the struggle for the right to camp in the UK is far from over. The irony is stark: on one hand, the government staunchly upholds the criminalisation of wild camping, citing concerns about trespassing and environmental impact. Yet, on the other hand, some local authorities, strapped for cash and facing a housing crisis, have resorted to distributing tents to homeless individuals as a makeshift solution. This paradox highlights the government’s failure to address the root causes of homelessness while simultaneously denying individuals the basic right to shelter themselves in nature. It’s a harsh reality that casts a shadow over the idyllic image of wild camping, reminding us that for some, a tent isn’t a symbol of adventure, but a desperate last resort. 

So, as you embark on your next wild camping escapade, take a moment to consider those for whom sleeping under the stars isn’t a choice, but a necessity born out of systemic inequality.

Join the Club

Like this story? You’ll love our monthly newsletter.

Simpa

Simpa

Simpa is a British independent journalist, drug law reform activist, and human rights campaigner whose work has appeared on the BBC World Service, BBC Radio Newcastle, The Victoria Derbyshire show, The Times, Vice Media, The Chronicle, Daily Mail, Weed World Magazine, Leafie and many more. Simpa is based in the north east of England where he runs Durham City Cannabis Club, a local non-profit cannabis club dedicated to promoting the social, cultural, and medicinal benefits of cannabis. He also hosts The Simpa Life Podcast, a weekly podcast focused on producing raw and authentic conversations with esteemed guests. Simpa enjoys exploring nature, wild camping, reading, and learning new things.

Comments

Leave a Reply

Your email address will not be published. Required fields are marked *

You may also like