Owning a boat

Overview

You must follow safety regulations and check whether you need insurance if you own a boat.

You usually need to register your boat to use it on inland waterways, such as rivers and canals. Contact the navigation authority of the waterway you want to use.

Boat safety requirements

There are different safety requirements depending on whether you use your boat:

on inland waterways

at sea

for private or commercial purposes

Insurance

You may need to get insurance before you can register and use your boat.

Register your boat

You can apply for a boat licence or registration once you’ve met the relevant safety and insurance requirements.

Safety on inland waterways

You may need to get a Boat Safety Scheme (BSS) certificate before you can register or buy a licence to use inland waterways, eg rivers and canals.

You don’t need a certificate if you have a privately owned ‘open boat’ with no motor, eg a canoe, paddleboard or rowboat.

Some other types of boat (eg privately owned ‘open boats’ with outboard motors and no electrical systems) may also be exempt - check with the navigation authority that manages your chosen waterway.

All boats requiring a BSS certificate have to be tested every 4 years.

You’re responsible for maintaining your boat to BSS certificate standards between tests.

Find the latest boat safety notices.

Rules of the waterways

You must drive on the right and pass other boats port to port on all waterways.

On rivers, the boat coming downstream has right of way.

Under bridges, the boat closest to the bridge has right of way. Keep right until the boat has passed.

The maximum speed on narrow canals is 4 miles per hour (mph).

The Boater’s Handbook gives more information on waterway rules.

New boats

New boats should already meet the standards, so you won’t need to have it checked.

You may be asked for the certificate proving that your new boat meets the required standards when you register it.

You’ll need to get a BSS certificate after 4 years and renew it every 4 years after that, unless you’re exempt.

Penalty for not having a certificate

You’ll be penalised if you don’t have a certificate for your boat and aren’t exempt.

The penalty depends on which navigation authority manages the waterway you’re using.

If you own a commercial boat

You may need a BSS certificate if your boat carries less than 12 passengers - check the BSS guidance.

You’ll need a Passenger Certificate issued by the Maritime and Coastguard Agency (MCA) if you’re carrying more than 12 passengers.

You should also check whether you need:

any statutory certificates

to meet any other requirements

Safety at sea

You must follow international safety regulations if you’re using a boat at sea.

This means you must:

plan your voyage

carry a radar reflector

carry an illustrated table of the recognised life-saving signals

help other craft, if needed

use distress signals properly

You could be prosecuted if you’re involved in a boating accident and you haven’t followed the regulations.

Read the Maritime and Coastguard Agency’s ‘Life saving signals’ leaflet for more information.

Preventing collisions

The regulations on preventing collisions say that you must:

fit navigation lights, shapes and sound-signalling devices on your boat

stay a safe distance away from other boats, and diving boats flying the blue-and-white ‘Alpha’ flag

be alert to other boats around you at all times

Read ‘The Merchant Shipping (Distress Signals and Prevention of Collisions) Regulations 1996’ for more information.

Safety equipment

If your boat is more than 13.7 metres long, you must carry:

lifejackets

liferafts

flares

fire extinguishers

The specific details of what you need to carry depends on the size of your boat and how far you’re travelling away from the coast.

See the regulations applicable to ‘pleasure vessels’.

Preventing pollution

You mustn’t drop oil or rubbish into the sea. If your boat is more than 12 metres long you must also display a notice on board explaining how to get rid of rubbish properly.

For more information, read the regulations for preventing pollution from ships.

Getting rid of old or damaged flares

You must follow the rules for getting rid of out-of-date or damaged flares.

It’s an offence to:

put them in household rubbish, garden waste or public litter bins

dump them at sea

leave them anywhere a member of the public could find them

set them off

You should contact any of the following:

the place you bought them, if they offer a ‘take back’ scheme

some marinas - a small charge may apply

some liferaft service stations

some council recycling centres

You may also be able to dispose of them at a Coastguard Operations Centre. You must book an appointment in advance.

If you own a commercial boat

If you own a small commercial boat you may also have to:

meet certain operational standards

have the boat surveyed

Insurance

You should check what kind of insurance you need - it depends on how and where you use your boat.

If you’re using inland waterways

You’ll usually need to have ‘third party’ insurance for at least £1 million if you have a powered boat or a houseboat.

You may also need insurance for some types of unpowered boat, eg a houseboat - check with the navigation authority that manages the waterway you want to use.

You could be prosecuted or fined if you don’t have the right insurance - the kind of penalty depends on your navigation authority.

The Canal and River Trust website has a list of insurance companies that provide boat insurance.

If you’re using a boat at sea

Check the MCA guidance if you own a small commercial boat - you may need statutory certificates.


Register a boat

Overview

You usually need to register or licence your boat if you want to keep or use it on inland waterways, such as rivers and canals. Contact the navigation authority of the waterway you want to use to find out.

A boat is:

any vessel with or without a motor, for example a sailing boat, river boat, canal boat or houseboat

any ‘open boat’ such as canoe, paddle board, rowing boat or dinghy

To get a boat registration you may need:

insurance

a Boat Safety Scheme (BSS) certificate

You must renew each year for the waterway you want to keep or use your boat on. You can buy a visitor registration or licence for shorter periods.

Carry more than 12 passengers

You must have a passenger-carrying certificate issued by the Maritime and Coastguard Agency if you want to carry more than 12 passengers.

Commercial use

You must apply for a boatmaster’s licence if you want to use your boat commercially.

Use at sea

You can register your boat with the UK Ship Register for use at sea.

Who to contact

Register or license your boat with the navigation authority responsible for the waterway you want to use.

Most canals and some rivers, like the Severn, Trent and Ouse

Register with the Canal & River Trust.

Norfolk and Suffolk Broads, and adjacent waters

Register with the Broads Authority.

River Thames, River Medway, and the rivers of East Anglia

Download the application form for the waterway you want to use and register with the Environment Agency:

River Thames

River Medway

Anglian waterways (Great Ouse System, River Nene, River Stour, River Ancholme, Black Sluice, River Welland and River Glen)

Rye Harbour

River Thames annual registrations run from 1 January to 31 December. Other registrations run from 1 April to 31 March.

The Royal Military Canal

You do not need to register a boat for use between West Hythe Dam in Shorncliffe, Kent and Iden Lock in Cliffe End, East Sussex.

Contact Shepway District Council to register a boat for use between West Hythe Dam and Seabrook.

Scotland and Northern Ireland

Check if you need to register your boat with Scottish Canals or NI Direct.

Other areas

Check with the Inland Waterways Association to find the navigation authority for other areas.

Using more than one waterway

You can buy a ‘gold licence’ which lets you use all Environment Agency and Canal & River Trust waterways.

Canoe or rowing boat exemptions

You may not need to register a canoe with the navigation authority if you’re a member of British Canoeing.

Rowing clubs or associations can register a rowing boat for use on some waterways through British Rowing.

Penalties

An enforcement officer may put an enforcement notice on your boat if it’s on an inland waterway and:

it’s not licensed or registered

it’s not licensed or registered for the waterway you’re using

your licence or registration is not displayed

it breaches the terms and conditions of the licence or registration

Check your licence or registration for additional rules that apply to your waterway.

You may be prosecuted and fined up to £1,000 or have your boat removed if you do not display an up-to-date licence or registration.

Questions about a penalty notice

Contact your navigation authority if you have questions about a penalty notice.

The UK Ship Register

You need to register your boat with the UK Ship Register to use it at sea.

Whether you can use the register depends on your citizenship status. Check the eligibility requirements for each part of the UK Ship Register.

There are 4 different parts of the register. Which part you use depends on what you’re using your boat for:

Part 1 - commercial or pleasure boats

Part 2 - fishing boats

Part 3 - small boats

Part 4 - charter boats

Part 1 registration - commercial or pleasure boats

You can use Part 1 of the register if you have either:

a commercial boat, unless you plan to use it for fishing

a ‘pleasure vessel’ - this means you do not make any money from it

Registering your boat on Part 1 of the register means you’ll be able to:

get a marine mortgage against your boat

spend more than 6 months outside the UK

It costs £153 to register for 5 years.

You’ll be sent a renewal notice when it’s time to renew. It costs £72 to renew your registration for another 5 years.

Part 2 registration - fishing boats

Use Part 2 of the register if you’re using your boat to catch and sell fish.

You can choose from ‘simple’ or ‘full’ registration. If you choose full registration you can get a marine mortgage against your boat.

To register for 5 years it costs:

£159 for simple registration

£196 for full registration

Part 3 registration - small boats

Use Part 3 of the register (small ships register) if:

your boat is less than 24 metres long

your boat is a pleasure vessel

you live in the UK for at least 185 days of the year

You cannot use Part 3 of the register if you’re a business.

Registering on Part 3 of the register means you’ll be able to prove your boat’s nationality when sailing outside UK waters.

It costs £35 for 5 years.

Part 4 registration - charter boats

Use Part 4 of the register if you plan to hire out (charter) your boat.

It costs between £35 and £196 for 5 years. The amount you’ll pay depends on the type of boat you’re registering.

How to register

You can register your boat online. You’ll need to create an account if you do not already have one.

If you own the boat with other people, all owners must have an account before you can register your boat online.

Start now

You can pay by debit or credit card.

You can also use the online service to renew, cancel or change the details of your registration.

Before you start

You’ll need:

the dimensions of your boat

the previous registration details of the boat (if it’s been registered before)

the bill of sale

the radio signal detail - including your UK radio call sign, Maritime Mobile Service Identity (MMSI) number and International Maritime Organization (IMO) number

the builders certificate

a certificate of survey for tonnage and measurement

an international tonnage certificate (ITC69)

safety certificates

Other ways to register

You can also register by post. Download and fill in the form for the type of boat you want to register.

Contact

You can contact the UK Ship Register by email, phone or post.


Appeal a hedgerow notice

When you can appeal

Your council makes decisions about hedgerow notices.

You can appeal a decision if they’ve sent you either:

a retention notice, saying you cannot remove a hedgerow

a replacement notice, telling you to replace a hedgerow you’ve already removed

Only the person who made the application can appeal.

There’s no fee for appealing.

Deadline for appealing

You must appeal within 28 days of the date on the council’s notice.

When you can expect a decision

Once your appeal is validated, you’ll normally get a decision within 31 weeks.

How to appeal

Fill in a hedgerow appeal form.

You also need:

a copy of your original application

the reason for your appeal

a copy of the local planning authority’s decision notice

any other documents that directly support your appeal

Email these documents with your completed appeal form to the council who made the decision and the Planning Inspectorate.

Because of coronavirus (COVID-19), you cannot currently appeal by post.

Comment on an appeal

Anyone can comment on a hedgerow appeal.

Because of coronavirus (COVID-19), you cannot currently comment by post. You can still comment by email.

After you appeal

The Planning Inspectorate will check your appeal to make sure it’s valid. They’ll tell you what happens next and how long your appeal may take.

The Planning Inspectorate will then consider your appeal. You’ll normally get a decision within 31 weeks.

If anyone behaves unreasonably

You can apply for an ‘award of costs’ if anyone involved in your appeal has cost you money by behaving unreasonably, for example missing deadlines. However, you might have to pay another party’s costs too.

You can complain about how the Planning Inspectorate handled your appeal. There’s no time limit for complaints.

If you disagree with the appeal decision

You can challenge the decision in the High Court if you think the Planning Inspectorate made a legal mistake.

Get advice from a lawyer if you’re unsure about this.


Appeal a right of way decision

When you can appeal

Your local council makes decisions about right of way applications.

You can appeal their decision if you applied to change the area’s ‘definitive map and statement’ and either:

you disagree with the decision - this is known as a ‘schedule 14 appeal’

your local council did not make a decision within 12 months - this is known as a ‘direction request’

You cannot appeal if:

the council approves a different use for the land, for example they make an order for a footpath when you applied for a bridleway

you did not submit your original application correctly, for example you did not notify landowners who might be affected by the change

There’s no fee for appealing.

Only the person who made the application can appeal. If you did not apply, you can comment on an appeal instead.

Deadline for appealing

You must appeal within 28 days of the date on the decision letter, or 12 months after you submitted the application if your local council has not made a decision.

When you can expect a decision

Once your appeal is validated, you’ll normally get a decision within 26 weeks.

How to appeal

Make your appeal to the Planning Inspectorate by filling in the appeal form. Write to the Secretary of State if you’re making a direction request.

Because of coronavirus (COVID-19), you cannot currently send your appeal form in the post. Email it to rightsofway2@planninginspectorate.gov.uk instead.

If you want to appeal more than one decision you must make a separate appeal for each.

Documents you must provide

If you’re appealing a decision

You must submit 2 copies of:

your original application

the reason for your appeal

the council’s decision notice

any notices you issued while applying, for example to let other landowners know you were applying for a change

a map showing the proposed right of way

any other documents that directly support your appeal, for example your grounds for appeal

confirmation that you’ve notified the local council about your appeal

If the local council has not made a decision

You must submit 2 copies of:

your original application

confirmation that you notified the landowners of your original application

Email your form and these documents to rightsofway2@planninginspectorate.gov.uk.

Comment on an appeal

Anyone can comment on a right of way appeal.

Your local council must tell anyone who has commented on the original application (‘interested parties’) that there’s an appeal. The council has to do this within 14 days of the appeal being validated by the Planning Inspectorate.

After you appeal

The Planning Inspectorate will check your appeal to make sure it’s valid. They’ll tell you what happens next and how long your appeal may take.

You’ll normally get a decision within 30 weeks (or 21 weeks for a direction request).

If you’re successful

For appeals, the Planning Inspectorate will tell the council to make the order. There’s no time limit for your local council to do this.

For direction requests, the Planning Inspectorate will give the local council a time limit to make a decision on your original application.

If you disagree with the decision

You can challenge the decision in the High Court if you think the Planning Inspectorate made a legal mistake.

Get advice from a lawyer if you’re unsure about this.


Protecting rural landscapes and features

Overview

As a landowner you must manage and maintain land with:

hedgerows and watercourses

trees and woodland

dry stone walls

You also have obligations if you own or occupy a scheduled monument.

Rural landscapes and features are protected:

by planning policies and laws

through the Rural Development Programme for England

through ‘cross compliance’ - set rules for farming and land management

You can apply for funding schemes to help you protect your land.

Funding and cross compliance

You can apply for funding to protect rural landscapes and features through:

the Basic Payment Scheme - main EU
agricultural subsidy scheme supporting environmentally-friendly farming practices

Countryside Stewardship - offers financial rewards for good land management which improves the quality of the environment

Cross compliance

To get funding from EU and UK rural development schemes you need to meet a set of rules known as cross compliance.

Hedgerows and watercourses

If you own land with hedgerows or watercourses, you must do everything you reasonably can to keep green cover (natural vegetation) on land:

within 2 metres of the centre of a hedgerow, watercourse or field ditch

within 1 metre of the top of the bank of a watercourse or field ditch

It’s against the law to remove or destroy certain hedgerows without permission from your local planning authority.

You must also make sure you do not:

cultivate or apply fertilisers or pesticides on these strips of green cover

cut or trim hedgerows between 1 March and 31 August

Find more information on hedgerow protection and management.

Trees and woodland

The Forestry Commission has guidance on managing woodlands and minimising damage to them.

Tree felling and Tree Preservation Orders (TPOs)

You must get written consent from your local planning authority before you damage or destroy, uproot, top or lop any trees that are protected by TPOs.

You must also give 42 days’ written notice to your local planning authority if you wish to cut down any tree in a conservation area.

You may need a felling licence from the Forestry Commission to fell trees.

Environmental Impact Assessment (EIA) of forestry projects

You need an EIA if you’re:

creating new woodland

permanently removing woodland

doing forest road works

doing forest-related quarrying

You may also need permission from the Forestry Commission before you begin the work.

Funding for woodlands

Grants for woodland are available under the Countryside Stewardship and the Woodland Carbon Fund.

Dry stone walls

Stone walls of all types are important as landscape features and for stock management. Dry stone walls are walls made without the use of mortar or cement.

If you have dry stone walls on your land, you should:

check their condition at least once a year

remove any vegetation to help to ‘air’ the wall and prevent frost damage

use local stone to make any repairs

prevent trees from growing alongside, as their roots can weaken wall foundations

You must not remove a dry stone wall, or remove stone from it, except in special cases.

Contact the Dry Stone Walling Association for more information.

Funding for dry stone walls

Countryside Stewardship funding is available to farmers and land managers for dry stone wall restoration.

Scheduled monuments

A scheduled monument is a site that’s legally protected because of its historical importance.

Scheduled monuments might be:

archaeological sites, such as ancient burial mounds

more recent remains, such as from the coal industry or World War 2

You need written permission from your regional Historic England office to carry out work on a scheduled monument. You may also need planning permission from your council.

You can download ‘A Guide for Owners and Occupiers of Scheduled Monuments’.

Grants for scheduled monuments

You may be able to get a Historic England grant to help maintain or repair a scheduled monument.


Rights of way and accessing land

Overview

You have the right to access some land for walking or certain other leisure activities.

You can:

use public roads and pavements or public rights of way, for example footpaths or bridleways

use your right to roam on open access land including mountains, moors, heaths, downs, common land and some land around the England Coast Path

If neither of these apply, you may still be able to access private land if:

the land was used as a public right of way in the past - check old maps and documents

the land was accessed by the public for at least 20 years and nobody has asked them to stop

the landowner has given permission (‘permissive access’)

Help protect the natural environment by following the Countryside Code.

Use public rights of way

You can walk on all public rights of way.

Some public rights of way are also open to horse riders, cyclists or motorists.

You can use:

footpaths - for walking, running, mobility scooters or powered wheelchairs

bridleways - for walking, horse riding, bicycles, mobility scooters or powered wheelchairs

restricted byways - for any transport without a motor and mobility scooters or powered wheelchairs

byways open to all traffic - for any kind of transport, including cars (but they’re mainly used by walkers, cyclists and horse riders)

Rights of way in England, Wales and Northern Ireland

Public rights of way are marked with signs or coloured arrows, for example yellow for footpaths, blue for bridleways.

You can find the route of public rights of way:

on Ordnance Survey and other maps

on some council websites

Rights of way in Scotland

You can find rights of way through the charity Scotways.

Report problems with a right of way

Contact the local council to report a problem, for example obstructions, poor maintenance or a misleading sign.

Change a public right of way

Contact the local council about adding, changing or removing a public right of way temporarily or permanently.

You can contact the Local Government Ombudsman if you think your council has not dealt with your enquiry properly.

Use your right to roam

You can access some land across England without having to use paths - this land is known as ‘open access land’ or ‘access land’.

Access land includes mountains, moors, heaths and downs that are privately owned. It also includes common land registered with the local council and some land around the England Coast Path.

Your right to access this land is called the ‘right to roam’, or ‘freedom to roam’.

What you can and cannot do

You can use access land for walking, running, watching wildlife and climbing.

There are certain activities you cannot usually do on open access land, including:

horse-riding

cycling

camping

taking animals other than dogs on to the land

driving a vehicle (except mobility scooters and powered wheelchairs)

water sports

But you can use access land for horse-riding and cycling if:

the landowner allows it

public bridleways or byways cross the land – horse riders and cyclists can ride along these

there are local traditions, or rights, of access

Dogs on open access land

You must keep your dog on a lead no more than 2 metres long on open access land:

between 1 March and 31 July - to protect ground-nesting birds

at all times around livestock

On land next to the England Coast Path you must keep your dog under close control.

There may be other local or seasonal restrictions. These do not apply to public rights of way or assistance dogs.

Excepted land

On access land some areas remain private (‘excepted land’). You do not have the right to access these areas, even if they appear on a map of open access land.

Excepted land includes:

houses, buildings and the land they’re on (such as courtyards)

land used to grow crops

building sites and land that’s being developed

parks and gardens

golf courses and racecourses

railways and tramways

working quarries

Use public rights of way to cross excepted land.

Find open access land

Search for open access land in England and find out about land that’s currently closed to walkers.

Find open access land in Wales.

Contact the local council to find common land near you.

Report problems with open access land

You can report problems to the local access authority - contact them through the local council.

If the problem is in a national park, you can contact them directly.

You can also contact the Open Access Contact Centre for information about open access land in England.

Access private land

You may be able to access private land if the landowner has agreed to let people use it, for example for walking, cycling or horse riding (sometimes known as giving ‘permissive access’). Look for signs.

Search for farms and other land with access for schools, families and other groups.

Search for land of outstanding scenic or scientific interest, including land with permissive access, in the HM Revenue and Customs (HMRC) directory.


Buy a rod fishing licence

When you need a licence

You must have a rod fishing licence for England and Wales if you’re fishing for salmon, trout, freshwater fish, smelt or eel with a rod and line in:

England (except the River Tweed)

Wales

the Border Esk region, including the parts of the river that are in Scotland

You can get a fine of up to £2,500 if you’re fishing in these areas and cannot show a valid rod fishing licence when asked.

There are different rules for fishing in the rest of Scotland and Northern Ireland.

Children under 13 do not need a licence.

Licences for children aged between 13 and 16 are free. You’ll still need to get a junior licence.

Other permissions and licences you may need

You also need:

permission from the landowner to fish on private land

an additional licence to fish in locks or weirs on the River Thames

You must follow national and local rules (byelaws) when freshwater fishing with a rod and line in England and Wales. There may be more rules on private land.

Types of licences and rod limits

Trout, coarse fish and eel licence

This lets you fish non-migratory trout and all freshwater fish.

You must use your licence in one of the following ways. You can choose to fish with:

1 rod for non-migratory trout in rivers, streams, drains and canals

up to 2 rods for non-migratory trout in reservoirs, lakes and ponds

up to 2 rods for freshwater fish

You can also buy a 12-month licence that lets you use 3 rods for freshwater fish.

The place where you fish may have additional rules about how many rods you can use there.

Salmon and sea trout licence

This lets you fish salmon, sea trout, non-migratory trout and all freshwater fish.

You must use your licence in one of 3 ways. You can choose to fish with:

1 rod for salmon, sea trout and non-migratory trout in rivers, streams and canals

up to 2 rods for salmon, sea trout and non-migratory trout in reservoirs, lakes and ponds

up to 3 rods for freshwater fish

You must report a catch return every year even if you did not fish.

Rods that are not affected by licence limits

The following rods are not affected by licence limits unless they have hooks attached:

spod rods (used to propel bait into water)

marker rods (used to mark out lines)

Buy a rod fishing licence for England and Wales

You can buy a 1-day, 8-day or 12-month licence online.

You’ll need:

a debit or credit card

your Blue Badge or National Insurance number, if you have a disability and you’re applying for a 12-month licence

the other person’s details (such as date of birth), if you’re buying for someone else

Your licence can start on any date within 30 days of the day you buy it.

Licence prices depend on the type of fish you are fishing for and the number of rods you use.

Licence type | Trout and coarse up to 2-rod | Trout and coarse 3-rod | Salmon and sea trout

1-day | £6 | Not available | £12

8-day | £12 | Not available | £27

12-month | £30 | £45 | £82

12-month - over 65 or disabled | £20 | £30 | £54

12-month - junior (13 to 16) | Free | Free | Free

There are no discounted prices for a 1-day or an 8-day licence.

You need different permissions or licences to fish in most of Scotland and Northern Ireland.

Buy now

Eligibility for disabled licences

You can get a discounted 12-month disabled licence if you have a Blue Badge or get Disability Living Allowance or Personal Independence Payment (any rate).

If you’re under 16 and have a disability you can choose to have the fact you are disabled noted on your junior rod licence. This may help you prove your eligibility for discounts or assisted access at fisheries.

Give your Blue Badge or National Insurance number (or child reference number if you’re under 16) when you apply.

Other ways to buy a licence

You can also buy adult licences:

at a Post Office

by calling the Environment Agency

You cannot get a junior licence at the Post Office or over the phone. You must apply online.

If you have not received your 12-month licence

Contact the Environment Agency if you do not get your licence within 15 working days.

Extend a licence

To change a 1-day or 8-day licence to a 12-month licence, call the Environment Agency within 14 days of buying it. You’ll need to buy a new licence but you’ll get a refund for the first one you bought.

Replace a licence or update your details

Contact the Environment Agency:

if you have questions about your licence

to replace a licence

to update your details if you’ve changed your name or address

Fishing in Scotland and Northern Ireland

Fishing in Scotland

You do not need a licence to fish with rod and line anywhere in Scotland apart from in the Border Esk region.

You only need permission from the landowner or an angling club.

As the Border Esk flows into England you need to buy a rod fishing licence for England and Wales to fish any part of it, including the parts of the river and its tributaries that are in Scotland.

Fishing in Northern Ireland

You must have a rod licence and angling permit from a Northern Irish agency to fish in Northern Ireland.


Freshwater rod fishing rules

Overview

You must follow national and local rules (byelaws) when freshwater fishing with a rod and line in England and Wales.

These rules are aimed at protecting fish stocks and making fisheries sustainable.

Freshwater fish include salmon, trout, coarse fish and eels.

You must have a rod licence to fish in England and Wales if you’re aged 13 or older.

Find out which rules apply to your area

England and Wales are broken down into regions that each have their own rules. National rules are included in each set of local rules.

There may also be rules for privately owned bodies of water, such as private fishing lakes.

Read the rules for your area

Read the local byelaws for your area to find out the:

areas in your region where you’re not allowed to fish

closed seasons (when you can’t fish) which apply to particular types of water and fish within your region

sort of tackle you can use for certain fish in your region

size of fish you can keep

Read the local byelaws for your region - there are different regulations for Wales.

When and where you can fish

‘Close seasons’ are seasons when you can’t fish for some types of fish on certain types of water.

For example, you can’t fish for coarse fish on any river in England and Wales from 15 March to 15 June.

Reservoirs, lakes and ponds (‘enclosed stillwaters’) and canals

You can fish for coarse fish, eels, rainbow trout and brown trout on most enclosed stillwaters and canals all year.

Read the local byelaws to check your area.

Rivers, streams, drains or waterways (other than canals)

You can’t fish for coarse fish and eels on rivers from the 15 March to 15 June (you can fish for eel in some areas - read the local byelaws).

You need to read the local byelaws for close seasons for salmon, brown trout and rainbow trout on rivers.

Privately owned bodies of water can also have their own close seasons.

Lock and weir fishing on the Thames

You must have an additional permit to fish locks and weirs on the Thames.

Game fishing during the coarse fish close season

You can fish for salmon, trout and other game fish during the coarse fish close season. You have to use certain types of lures and baits in some areas however.

Midlands, Yorkshire, and the north-east and north-west of England

You can only use natural or artificial fly, minnow, worm, shrimp, prawn, sand eel or artificial lures during close season.

South-east of England

You can only use artificial fly. In the Thames area, you can apply for permission from the Environment Agency to also use minnow caught in a minnow trap if used on the same waters.

Wales or the south-west of England

Read the local byelaws for Wales or the south-west of England.

Fish size and catch limits

You’re only allowed to keep a certain amount of the fish you catch.

These fish must also be of a certain size.

You must return fish you can’t keep to the water unharmed.

You’re committing an offence and can be fined if you take too many fish or fish that aren’t the right size.

Size limits

Whether you can keep a fish depends on:

the type of fish

where you’re fishing

Read the local byelaws for your region.

You must measure fish from the tip of the snout to the fork of the tail.

Catch limits

There’s a daily limit on the number of fish you can take.

Coarse (freshwater) fish

Each day you can only take from rivers:

1 pike (up to 65cm)

2 grayling (30cm to 38cm)

15 small fish (up to 20cm) including barbel, chub, common bream, common carp, crucian carp, dace, perch, rudd, silver bream, roach, smelt and tench

Any eels you catch (except conger eels) must be released alive.

You can also take:

minor or ‘tiddler’ species, such as gudgeon

non-native species

ornamental varieties of native species like ghost or koi carp

You can be fined if you remove fish from privately-owned waters without written permission from the owner.

Salmon and trout

Read your local byelaws for the local daily limit of salmon and trout you can take.

You can be fined for selling rod-caught salmon or sea trout in England and Wales.

Tackle you can use

There are rules on how many rods you can use at a time, and the types of lures, bait, nets and weights.

Read the local byelaws for your region.

Fishing rods

The number of rods you can use at the same time depends on the water you’re fishing in and the fish you’re trying to catch.

You must make sure that the distance between the butts of the outermost rods isn’t more than 3 metres when fishing with multiple rods and lines.

It’s illegal to leave a rod and line in the water unattended or over which you don’t have sufficient control.

Lures, bait and tackle

In England and Wales you must not:

use crayfish as bait

use another fish you’ve taken as bait unless you’re doing so on the same waters where you caught it

keep fish you’ve foul hooked (caught with a hook puncturing anywhere but the fish’s mouth or throat) - these must be returned alive

use a gaff (a pole with a large hook at the end) or a tailer (a loop of cable or wire at the end of a pole)

Before 16 June you can only use artificial lure and artificial fly to fish for salmon, which must be returned unharmed to the water.

Dispose of your tackle safely to avoid harm to wildlife.

Lead weights

You can only use lead weights if they’re .06 grams or less or more than 28.35 grams. This means lead shot weights from size 14 to size 8 and lead weights over 1 ounce.

Lead is toxic to birds, so if you’re using lead dust shot make sure the containers are spill proof.

Keepnets, keepsacks and landing nets

Keepnets must:

have no knotted meshes or meshes of metallic material

have holes smaller than 25mm

be more than 2 metres long

have supporting rings or frames less than 40cm apart and more than 120cm in circumference

A keepsack must be:

made from a soft, dark coloured, non-abrasive and water permeable fabric

at least 120cm by 90cm if rectangular

at least 150cm by 30cm by 40cm if used with a frame

used to hold no more than one fish at a time

Landing nets

You can’t use a landing net with any meshes that are knotted or made of metallic material.


Hunting and shooting wildlife

Overview

You must follow the rules for hunting and shooting wildlife including:

what you can hunt or shoot

when you can do it

what equipment you can use

You can be fined or jailed for hunting illegally or causing unnecessary suffering to an animal.

You must have permission from the land owner.

Firearms and shotgun certificates

You must get a certificate to use a shotgun, rifle or other firearm.

You don’t need a certificate for:

air rifles up to 12ft lb in power

air pistols up to 6ft lb in power

You can’t use:

bows or crossbows

explosives (other than the legal ammunition for a firearm)

Managing wildlife and controlling pests

There are different rules about what you can do to manage wildlife on your land or control pests on your property.

Birds

You can shoot certain species of game birds, quarry birds and waterfowl but only during the shooting season.

Sometimes you can only shoot in certain locations, for example you can’t shoot some waterfowl above the high water line.

You can’t shoot birds in the closed season.

You must get a falconry licence to hunt birds with a falcon.

Equipment

If you’re using a shotgun to shoot birds, the internal diameter of the shotgun can’t be more than 1.75 inches.

You can’t use:

a firearm that can hold more than 2 rounds of ammunition in the magazine (such as an automatic or semi-automatic weapon)

artificial lighting

a sighting device for night shooting, or a device for lighting up targets

Mammals

There are different rules for foxes, deer and other mammals.

Foxes

It’s illegal to hunt foxes with a pack of dogs. You can use dogs to simulate hunting, for example ‘drag’ or ‘trail’ hunting.

You can use up to 2 dogs to chase (‘flush’ or ‘stalk’) foxes out of hiding if the fox is causing damage to your property or the environment.

Your dogs can’t go underground to find the foxes unless they’re threatening wild or game birds kept for shooting - only one dog can go underground at any time.

You must:

shoot the fox quickly after it’s been found

carry proof you own the land you’re shooting on or written permission from the landowner

You can be fined, and your dogs or hunting equipment taken away, if you break the law.

There are other ways you can control foxes if they’re causing damage to your property or the environment.

Deer

You must follow the restrictions on when you can shoot deer and what type of firearms and ammunition you can use.

You need a licence to shoot deer:

in the closed season

at night (at any time of the year)

You can’t use a vehicle to chase deer.

Other mammals

You can hunt or shoot some other mammals.

There are rules on when you can hunt or shoot and what equipment you can use.


Prepare for flooding

If you’re about to be flooded

Check the National Flood Forum or speak to a Floodline adviser to find out how to stay safe during a flood.

You can check if there’s currently a flood warning in your area.

Sandbags

Contact your local council to find out where to get sandbags. You can also get them from some DIY or building supplies shops.

If you need to travel

Check flood warnings and road travel information.

Protect yourself from future flooding

Plan how you’ll respond to a flood. Use a template to make a:

personal flood plan

community or group flood plan - if you’re responsible for an organisation such as a school, hospital, care home or community group

business flood plan

Protect your property

You can:

get advice from the National Flood Forum about how to protect your property and how much this will cost

find flood protection products and services at Blue Pages

You may need permission to do work that will affect the flow of a river or divert flood water.

If you own a riverside property

If you own property next to a watercourse, for example a river, culvert, brook or mill stream, you must:

maintain river beds and banks

not obstruct the water flow

Read guidance on the rights and responsibilities of owning a riverside property.

Contact the Environment Agency if you have questions about your responsibilities.

If your property’s next to a canal

Contact the Canal and River Trust to check who’s responsible for maintaining the canal.

If you have a disability or need extra help

Ask your council if you can be put on a list to get extra help during a flood.

Citizens Advice can help make sure you’ll get support if your energy supply is affected.

Ask Floodline to send flood warnings to a friend or relative on your behalf.

Get insurance

You can:

find lower-cost home insurance through Flood Re if you’re in a flood-risk area

get insurance advice from the National Flood Forum

find a broker that specialises in properties that are difficult to insure

Get evidence of flood risk

Contact the Environment Agency if your insurer asks for evidence of your flood risk.

You’ll get a letter within 20 days. It’s free for individuals and businesses.

If you’ve done work on your property

You or a surveyor can complete a Flood Risk Report. This will tell insurers or buyers how the work has reduced the flood risk.


Electrical waste: retailer and distributor responsibilities

Your responsibilities

You have certain responsibilities if you sell electrical and electronic equipment (EEE).

You must provide a way for your customers to dispose of their old household electrical and electronic equipment when you sell them a new version of the same item.

The waste electrical and electronic equipment (WEEE) regulations apply regardless of how you sell the products, whether direct or by internet, mail order or telephone.

You must either:

provide a free, in store, take back service to your customers

set up an alternative, free take back service

If you do not have your own take back service, you must join the Distributor Takeback Scheme (DTS).

You can be prosecuted if you do not comply with the regulations.

Tell your customers which service you provide

You must provide free written information to your customers on:

which take back service you provide, including collect on delivery

how they can reuse and recycle electrical and electronic equipment

why this waste needs to be separated from other waste

the damaging effects of not recycling electrical and electronic equipment

the meaning of the crossed-out wheelie bin symbol

Shops

You can provide this information by, for example:

displaying posters in your store about which service you provide

including information leaflets with the electrical and electronic equipment you sell

Online retailers

You must publish this information on your website. You can download free customer information if you offer a take back service. DTS members can get these from the scheme.

You have other responsibilities if you’re a ‘producer’ - for example you make and sell EEE under your own brand, or sell it in UK from abroad.

Take back waste in store

You must offer to take back waste of the same type as the item your customers buy from you, regardless of:

whether they buy in-store, online or by mail order

the brand of the item

You must also take back items that have the same function. For example, you would:

take back a customer’s old kettle when they buy a new one

take back a video player if the customer buys a DVD player

You must:

offer the in-store service for free - but you can charge to cover transport costs if you’re collecting items from customers’ homes

give customers at least 28 days to bring back their waste item

take back all types of electrical and electronic equipment that you sell - you can choose to extend your service to cover all kinds of electrical and electronic waste

Small electronic equipment

‘Very small WEEE’ are items of waste electrical and electronic equipment that are less than 25cm on their longest side.

You must take back all items of ‘very small WEEE’ in store if your electrical and electronic equipment sales area is greater than 400 square metres including aisle, display and shelf space.

You must provide this service to everyone for free, regardless of whether they’ve bought anything from your store.

You’re exempt if you’ve joined the Distributor Takeback Scheme (DTS) or an assessment shows you already have an effective system.

Store waste

Check the conditions to see if you can store the waste temporarily before you dispose of it.

Dispose of waste

To dispose of the waste you’ve collected you can do one of the following.

Producer compliance schemes

Contact a producer compliance scheme (PCS).

The PCS will arrange for the waste to be recycled or prepared for re-use at an Approved Authorised Treatment Facility (AATF).

You may be charged for the collection and transportation of the waste to the AATF or the PCS collection point.

Transport the waste yourself

You can transport the waste to an AATF or PCS collection point yourself.

You need to register as a waste carrier in:

England

Wales

Scotland

Northern Ireland

You may also need to follow the rules on transporting hazardous waste in:

England and Wales

Scotland

Northern Ireland

Keep records

You must keep records of all electrical and electronic waste that you collect and dispose of - you can use a template.

Include the number of units you’ve received through take back and say how many of these were returned to a PCS.

You need to keep all documentation you make, or are given by the PCS or the AATF, when you dispose of electrical and electronic waste.

You also need to keep records of how you tell customers about your take back scheme.

Keep all your records for 4 years.

Set up an alternative take back service

You can set up a ‘designated collection facility’ (DCF) where your customers can take all types of electrical and electronic waste.

You can do this on your own or with other distributors.

You must follow the waste electrical and electronic equipment (WEEE) regulations, other waste management legislation and local planning requirements when managing a DCF.

You must agree with a producer compliance scheme (PCS) to return the electrical and electronic equipment (EEE) direct to an Approved Authorised Treatment Facility (AATF).

Use the Distributor Takeback Scheme

You can use the Distributor Takeback Scheme (DTS) instead of providing a takeback service, if either of the following apply:

your business sells less than £100,000 of electrical and electronic equipment (EEE) per year

you only sell online

If your business sells £100,000 or more of EEE per year and has physical stores, you cannot use the DTS after 31 December 2020. You’ll need to take back waste in store or set up an alternative collection point instead.

How the scheme works

You pay a fee that covers your waste electrical and electronic equipment (WEEE) obligations until 31 December 2021. The amount you pay depends on:

the size of your business

whether you only sell online

how much EEE you sell

This money goes towards supporting the recycling centres run by local authorities.

You’ll need to keep a record of what information you give to your customers about where they should take their WEEE.

If you do not comply

If you fail to comply with the waste electrical and electronic equipment (WEEE) regulations, you can be prosecuted and fined up to £5,000 at a magistrates’ court, or get an unlimited fine from a Crown Court.

You may sometimes get warning letters and formal cautions before a prosecution.

The Office for Product Safety and Standards enforces these regulations. You can contact them online, call or write to them.


Septic tanks and treatment plants: permits and general binding rules

Overview

If your house or business is not connected to the mains sewer, your sewage will go to one of the following:

a septic tank - an underground tank where the solids sink to the bottom and the liquid flows out and soaks through the ground

a small sewage treatment plant (also known as a package treatment plant) - a part-mechanical system that treats the liquid so it’s clean enough to go into a river or stream

a cesspool (also called a cesspit) - a sealed tank that collects the sewage

a non-standard system, such as a reed bed or trench arch system

There are different rules for septic tanks and treatment plants in Northern Ireland, Scotland and Wales.

You have a non-standard system

You must contact the Environment Agency to find out if you need a permit.

You have a septic tank or small sewage treatment plant

As the ‘operator’ of a septic tank or small sewage treatment plant you must check you meet the general binding rules. You must apply for a permit if you do not.

You’re an operator if any of the following is true:

you own the property that uses the system

you own a property that shares the system with other properties - each property owner is an operator, and you’re jointly responsible for complying with the general binding rules

you have a written agreement with the property owner that says you’re responsible for the system’s maintenance, for example you’re renting and it’s in your tenancy agreement

Contact the Environment Agency if you’re not sure whether you’re an operator.

The general binding rules

You must follow the general binding rules if you’re the operator of a septic tank or small sewage treatment plant.

The sewage must:

be domestic in nature, for example from a toilet, bathroom, shower or kitchen of a house, flat or business (such as a pub, hotel or office) - contact the Environment Agency if you’re not sure if the sewage is domestic in nature

not cause pollution - find out how to check for pollution

There are other rules depending on whether you’re releasing this sewage:

to the ground, for example in your back garden

to a surface water, for example a river or stream

Ask your local installation or maintenance company if you’re not sure what sort of system you have.

Releasing to the ground

You must use a septic tank or a small sewage treatment plant and a drainage field (infiltration system).

You must apply for a permit if you release (‘discharge’):

to a well, borehole or other deep structure

more than 2 cubic metres (2,000 litres) per day

in a groundwater source protection zone (SPZ1)

You must also read the additional rules for discharging sewage to the ground.

Calculate how much sewage you discharge

For sewage from a residential property, use the calculator to work out how much you discharge per day.

For commercial properties (such as a hotel, restaurant or office) or holiday accommodation (such as a cottage or chalet), use British Water’s flows and loads guidance or contact the Environment Agency for advice.

Work out if you’re in a groundwater source protection zone 1 (SPZ1)

An SPZ1 can be either:

the area around a commercial water supply shown on the map of protected zones - check whether your discharge is in the inner zone (Zone 1) or ask the Environment Agency

any area within 50 metres of a private water supply for human consumption - ask your neighbours if they have a spring, well or borehole, and how far it is from your drainage field

Releasing to a surface water

You must use a small sewage treatment plant. You must apply for a permit if you’re discharging more than 5 cubic metres (5,000 litres) per day. Use the calculator to work out how much you discharge per day.

You must also read the additional rules for discharging sewage to a surface water.

Installing a new system

You must have building regulations approval. You may also need planning permission.

Check with your local council.

If you did not get permission and approval

You must apply retrospectively for building regulations approval. You may also need planning permission.

If your system was installed before 1 January 2015, you should contact your local council for advice.

Apply for a permit

You’ll need a permit if you do not meet the general binding rules.

The form you need to fill in depends on:

where you discharge the sewage

how much you discharge

If you discharge sewage to ground

There are different forms depending on whether you’re in a groundwater protection zone (SPZ1).

Outside an SPZ1

There are different forms if you discharge:

between 2 and 15 cubic metres per day

over 15 cubic metres per day

Inside an SPZ1

If you discharge less than 2 cubic metres per day there are different forms:

for systems in use before 1 January 2015

for those installed on or after 1 January 2015

between 2 and 15 cubic metres per day

over 15 cubic metres per day

If you discharge sewage to a surface water

If you discharge between 5 and 20 cubic metres per day, check if you can apply for a standard rules permit.

If you cannot get a standard rules permit, you’ll need a permit to discharge:

up to 20 cubic metres

over 20 cubic metres

Before you start

You need:

the 8-figure grid reference for your septic tank or treatment plant and the point where it discharges

to calculate the largest amount you’re likely to discharge - use one of the calculators in the chapter on the general binding rules

to provide a suitable site plan – see an example site plan

Application fees

Your application fee depends on whether your site is a domestic household, charity or another type of organisation.

You’re discharging to ground

The application fee for domestic households and charities to discharge up to 5,000 litres (5 cubic metres) per day is £125.

The fees are different for other organisations.

Size of discharge per day | Fee

Up to 15,000 litres (15 cubic metres) | £2,708

Over 15,000 litres (15 cubic metres) | £5,699

Any volume that contains specific substances | £6,052

You’re discharging to a surface water

Size of discharge per day | Fee

Up to 5,000 litres (5 cubic metres) | £2,534

Between 5,000 litres (5 cubic metres) and 50,000 litres (50 cubic metres) | £4,170

Any volume that contains specific substances | £7,649

Annual fees

There’s an annual subsistence fee for sites that are not domestic households or charities.

Size of discharge per day | Fee

Up to 5,000 litres | £251

Between 5,000 litres and 20,000 litres with operator self monitoring | £823

Between 5,000 litres and 20,000 litres | £890

Between 20,000 litres and 50,000 litres with operator self monitoring | £1,310

How long it takes

You should get a decision on your application within 13 weeks.

You’ll be told if your application may take longer, for example because of planning issues.

Your application is refused

If your application is refused, you’ll be told:

the reasons for refusal

how you can appeal

Complying with your permit

See the guidance on how to comply with your permit, including maintenance, record keeping and pollution reporting requirements.

Get help

You can ask the Environment Agency for help with your application.

You have a cesspool

You do not have to comply with the general binding rules or apply for a permit.

You must maintain your cesspool and make sure it:

is emptied regularly (for example once a month) by a registered waste carrier

does not leak or overflow

The Environment Agency or your local council can make you repair or replace your cesspool if it’s in poor condition.

If you install a new cesspool

You must:

get planning permission and building regulations approval

make sure it has a minimum capacity of 18,000 litres per 2 users (plus another 6,800 litres per each extra user)

Contact


Storing oil at your home or business

Overview

You have to follow certain regulations if you have an oil storage container at your home, business or farm.

Oil storage containers include tanks, drums, intermediate bulk containers (IBCs) and mobile containers called ‘bowsers’.

The person responsible for the property or premises is usually legally responsible for the oil storage container, for example the homeowner, business owner or site manager.

Which regulations to follow

The regulations are different depending on where you store your oil.

At your home

You normally have to follow building regulations if you have an oil storage container installed at your home.

If your storage container can hold 3,501 litres or more, you must follow the regulations for businesses.

At your business

You have to follow oil storage regulations if the container at your business can hold 201 litres or more of certain types of oil.

The regulations for businesses also apply to public sector buildings like schools, hospitals, churches and residential care homes.

At your farm

You have to follow different regulations depending on whether you’re storing oil:

for heat and power for agriculture, for example to fuel your tractor or run a grain dryer

to heat your farmhouse

for a separate part of your business, for example to fuel vehicles you hire out

Checking and labelling your tank

You should get your oil storage container inspected every year by a professional.

The person inspecting your tank will let you know when you should replace it.

Oil Care suggest that you look at your oil tank at least once a month, and learn what to do if you have an oil leak or spill.

Storing oil at your home

You must meet building regulations if you have a new or replacement oil storage container installed at your home in England, for example to fuel your cooker or central heating.

Building regulations are different if your home is in Wales, Scotland or Northern Ireland.

Choosing someone to install your tank

You should choose someone who’s registered with a ‘Competent Person’ scheme. They can self-certify that their work complies with building regulations and can deal with building control issues, like objections.

If you do not use someone registered with a ‘Competent Person’ scheme, you’ll have to get a Building Control Notice from your local council and arrange and pay for an inspection yourself.

Without approval you will not have the certificates of compliance you may need when you want to sell your home.

Penalties

The person installing your tank could be prosecuted and fined if they do not comply with building regulations.

You’re also responsible for making sure their work meets the regulations. Your local authority could make you pay for faulty work to be fixed.

Catching oil leaks and spills

The person installing your tank will do a risk assessment, and they’ll let you know if your tank has to have secondary containment (a ‘bund’). The bund must:

hold 110% of the tank’s capacity

be impermeable to oil and water

You’ll need a bund if your tank’s in any of the following places:

where oil spills could run into an open drain or a loose manhole cover

where the tank vent pipes cannot be seen when the tank’s being filled, for example because the delivery tanker is parked too far away

within 10 metres of coastal waters or inland fresh waters like lakes or streams

within 50 metres of a drinking water source, for example wells, boreholes or springs

where oil spills could run over hard ground and reach coastal waters, inland fresh waters or a drinking water source

in the inner zone of groundwater source protection zone 1

You’ll also need a bund if your tank can hold more than 2,500 litres of oil.

Your oil storage container must have a sticker in a prominent position that tells you how to look after your oil and what to do if you have a spill. The person installing your new tank will put this on - but you can find out how to order a new sticker.

Storing oil at your business

You must follow the regulations for businesses if your oil container can hold 201 litres or more of:

petrol

diesel

biofuels

kerosene

vegetable oil and plant-based oils, for example sunflower oil or aromatherapy oil - including waste cooking oil

synthetic oils, for example motor oil - including waste oil

oils used as solvents

biodegradable oils, for example lubricating or hydraulic oils

liquid bitumen-based products, for example waterproofing or damp proofing products, or coatings for a road surface

The regulations do not apply to:

liquid petroleum gas (LPG)

hydrocarbon products that are solid when unheated, like bitumen

solvents that are not oil based, for example trichloroethylene

aromatic hydrocarbons like benzene and toluene

waste mineral oils drained from vehicles, and mixtures of diesel and petrol that cannot be used as vehicle fuel

You must follow different regulations in Scotland, Northern Ireland and Wales.

Other exceptions

You do not have to follow oil storage regulations if your oil is:

on a farm and you use it for heat and power for agriculture or for your farmhouse

stored for distribution to other places

in use, for example lubrication in a hydraulic system

The regulations do not apply if your storage containers are:

underground

in a building that would capture leaking oil - contact your local council to find out if you have to meet any extra fire safety regulations

at a refinery

at a premises for onward distribution of oil - but not a premises which sells oil directly to end users or a premises that uses oil

Check if you need an environmental permit if you’re storing certain waste oils.

Choosing someone to install your oil storage tank

You’re responsible for any pollution caused by problems with your oil storage container. You need to know the regulations about oil storage containers, including where it’s located and how it’s protected.

Penalties

You can be fined if you do not follow the oil storage regulations.

The Environment Agency can also serve an anti-pollution works notice to make you bring your tank up to legal requirements.

Get advice

Contact the Environment Agency if you have a question about following oil storage regulations in England.

If your business is outside England, contact one of the following:

Natural Resources Wales

Scottish Environment Protection Agency

Department of the Environment (Northern Ireland)


Check your tenant's right to rent

Who you have to check

You must check that a tenant or lodger can legally rent your residential property in England.

Check with the Home Office if the tenant is a Commonwealth citizen but does not have the right documents - they might still have the right to rent in the UK.

Before the start of a new tenancy, you must check all tenants aged 18 and over, even if:

they’re not named on the tenancy agreement

there’s no tenancy agreement

the tenancy agreement is not in writing

Check all new tenants. It’s against the law to only check people you think are not British citizens. You must not discriminate against anyone because of where they’re from.

Sign up for email updates about the right to rent policy.

If the tenant is only allowed to stay in the UK for a limited time, you need to do the check in the 28 days before the start of the tenancy.

You do not need to check tenants in these types of accommodation:

social housing

a care home, hospice or hospital

a hostel or refuge

a mobile home

student accommodation

You also do not need to check tenants if they live in accommodation that:

is provided by a local authority

is provided as part of their job (known as ‘tied accommodation’)

has a lease that’s 7 years or longer

Read the code of practice to find out if you need to do any other checks instead.

How to do a check

Because of coronavirus (COVID-19) there are temporary changes to the way you can check documents. Read guidance about the adjusted process, including asking for documents digitally, making checks on a video call, and what to do if someone cannot provide any accepted documents.

Check which adults will use your property as their main home (your ‘tenants’).

Ask them for original documents that prove they can live in the UK.

Check their documents to see if they have the right to rent your property.

Check that each tenant’s documents are genuine and belong to them, with the tenant present.

Make and keep copies of the documents and record the date you made the check.

You can get an unlimited fine or be sent to prison for renting your property to someone who is not allowed to stay in England.

Checking EU, EEA and Swiss citizens

Right to rent checks continue in the same way as now until 30 June 2021 for citizens of the EU, Switzerland, Norway, Iceland and Liechtenstein.

Continue checking their passport or national identity card as before. For family members of citizens of the EU, Switzerland, Norway, Iceland and Liechtenstein, follow the usual guidance for documents you can accept for right to rent checks.

You cannot insist that citizens of the EU, Switzerland, Norway, Iceland and Liechtenstein show that they have settled status or pre-settled status when starting a new tenancy before 1 July. You can however ask if they have settled or pre-settled status, and whether they want to use this instead of a passport or identity card.

If the tenancy starts on or after 1 July 2021 but you check their right to rent before this, you can still use their passport or national identity card.

Check if the property is used as the tenant’s main home

A property would usually be a tenant’s only or main home if:

they live there most of the time

they keep most of their belongings there

their partner or children live with them

they’re registered to vote at the property

they’re registered with the doctor using that address

Check their original documents

You need to check that:

the documents are originals and belong to the tenant

their permission to stay in the UK has not ended

the photos on the documents are of the tenant

the dates of birth are the same in all documents (and are believable)

the documents are not too damaged or do not look like they’ve been changed

if any names are different on documents, there are supporting documents to show why, such as a marriage certificate or divorce decree

If the tenant does not have the right documents

You must use the landlord’s checking service to check whether the tenant’s allowed to rent without the right documents if:

the Home Office has their documents

they have an outstanding case or appeal with the Home Office

the Home Office told them they have ‘permission to rent’

You’ll get an answer within 2 working days.

You’ll need the tenant’s Home Office reference number to use the service.

Do not rent a property to someone in England if they do not have the right documents and the landlord’s checking service tells you they are not allowed to rent.

Get help with a check

Call the landlord’s helpline to get help with a check.

You must follow the landlord’s code of practice on illegal immigrants and private rented accommodation.

Making copies of the documents

When you copy the documents:

make a copy that cannot be changed, such as a photocopy or a good quality photograph

for passports, copy every page with the expiry date or applicant’s details (such as nationality, date of birth and photograph), including endorsements, for example a work visa or Certificate of Entitlement to the right of abode in the UK

copy both sides of biometric residence permits

make a complete copy of all other documents

record the date you made the copy

Keep copies of the tenant’s documents for the time they’re your tenants and for one year after.

Make sure you follow data protection law.

If your tenant does not have any documents, you must check if they’re allowed to rent your property.

Follow-up checks

You must do a follow-up check to make sure your tenant can still rent property in the UK if there’s a time limit on their permission to stay.

You can get a fine if you do not do a follow-up check and your tenant’s permission to stay ends.

Do the follow-up check just before the date that’s the later of:

the end of your tenant’s permission to stay in the UK

12 months after your previous check

You do not have to do a follow-up check if there’s no time limit on your tenant’s permission to stay in the UK.

If your tenant fails a follow-up check

You must tell the Home Office if you find out that your tenant can no longer legally rent property in England after doing a follow-up check.

You could be fined or sent to prison for up to 5 years if your tenant fails a follow-up check and you do not report it to the Home Office.

Agents and subletting

You can ask any agents that manage or let your property to carry out the check for you. You should have this agreement in writing.

If a tenant sub-lets the property without you knowing, they’re responsible for carrying out checks on any sub-tenants. They will be liable for any civil penalties if they do not do the check correctly.


Deposit protection schemes and landlords

Overview

You must place your tenants’ deposit in a  tenancy deposit protection (TDP) scheme if you rent out your home on an assured shorthold tenancy that started after 6 April 2007.

If you receive a valuable item as a deposit instead of money (for example a car or watch), you do not have to put it in a TDP.

These government-backed schemes ensure your tenants will get their deposit back if they:

meet the terms of your tenancy agreement

do not damage the property

pay the rent and bills

You (or your letting agent) must put your tenants’ deposit in the scheme within 30 days of getting it.

Available schemes

You can use any of the following schemes if your property is in England or Wales:

Deposit Protection Service

MyDeposits

Tenancy Deposit Scheme

There are separate TDP schemes in Scotland and Northern Ireland.

All TDP schemes offer you 2 options:

the scheme hold the deposit for free - known as a ‘custodial’ scheme

you or the agent holds the deposit and you pay the scheme to insure it - known as an ‘insured’ scheme

At the end of the tenancy

The deposit must be returned to your tenants within 10 days of you both agreeing how much they’ll get back.

If you’re in a dispute with your tenants

The deposit is protected in the scheme until the issue is settled.

If you’re in an ‘insured’ scheme, you or the agent must give the deposit to the TDP scheme. They will hold it until the issue is settled.

Holding deposits

If you’ve received a holding deposit from your future tenants (money to ‘hold’ a property before an agreement is signed), you do not have to protect it. Once they become tenants the holding deposit becomes a deposit, and you must protect it.

Deposits made by a third party

You must use a TDP scheme even if the deposit is paid by someone else, like a rent deposit scheme or a tenant’s parents.

Information you must give to your tenants

Within 30 days of getting their deposit, you must tell your tenants:

the address of the rented property

how much deposit they’ve paid

how the deposit is protected

the name and contact details of the tenancy deposit protection (TDP) scheme and its dispute resolution service

your (or your letting agency’s) name and contact details

the name and contact details of any third party who paid the deposit

why you would keep some or all of the deposit - for example, because your tenants damaged the property and you need to fix it

how to apply to get the deposit back at the end of the tenancy

what to do if they cannot get hold of you at the end of the tenancy

what to do if there’s a dispute over the amount of deposit to be returned at the end of the tenancy

If you do not protect your tenants' deposit

Your tenants can apply to a county court if you do not use a tenancy deposit protection (TDP) scheme when you have to. They can do this at any time during the tenancy.

If the court finds you have not protected the deposit, it can order you to either:

repay it to your tenants

pay it into a custodial TDP scheme’s bank account within 14 days

The court may also order you to repay your tenants up to 3 times their original deposit within 14 days of making the order.

At the end of the tenancy

The court may also decide that your tenants do not have to leave the property when the tenancy ends if you did not use a TDP scheme when you should have.

Disputes

Use your tenancy deposit protection (TDP) scheme’s free dispute resolution service if you disagree with your tenants about how much deposit should be returned.

Contact your TDP scheme for more information on the dispute resolution service. The schemes are:

Deposit Protection Service

MyDeposits

Tenancy Deposit Scheme

Help and advice

You can get more help and advice from:

your local Citizens Advice Bureau

a solicitor


Evicting tenants (England and Wales)

Overview

You must follow strict procedures if you want your tenants to leave your property.

You may be guilty of harassing or illegally evicting your tenants if you do not follow the correct procedures.

There’s different guidance on:

evicting tenants in Northern Ireland

evicting tenants in Scotland

Procedures for different types of tenancy

The exact procedure will depend on the tenancy agreement and its terms.

Assured shorthold tenancies

The 2 types of assured shorthold tenancies are:

‘periodic’ tenancies - these run week by week or month by month with no fixed end date

fixed-term tenancies - these run for a set amount of time

You must follow a set process if your tenants have an assured shorthold tenancy.

Give your tenants a Section 21 notice if you want the property back after a fixed term ends. Give them a Section 8 notice if they’ve broken the terms of the tenancy. Find out how to give Section 21 and Section 8 notices.

Apply to the court for a standard possession order if your tenants do not leave by the date specified on the notice and they owe you rent. You can apply for an accelerated possession order if you’re not claiming any unpaid rent.

Apply for a warrant for possession if your tenants still will not leave - this means bailiffs can remove the tenants from your property.

Because of coronavirus (COVID-19), bailiffs will not currently evict your tenants if your property is in Wales, unless there’s a serious reason.

Excluded tenancies or licences

You do not have to go to court to evict your tenants if they have an excluded tenancy or licence, for example if they live with you.

You only need to give them ‘reasonable notice’ to quit. Reasonable notice usually means the length of the rental payment period, so if your tenants pay rent weekly you can give them one week’s notice. The notice does not have to be in writing.

You can then change the locks on their rooms, even if they still have belongings in there.

Assured and regulated tenancies

If your tenants started their tenancy before 27 February 1997, they might have an assured or regulated tenancy. You’ll then have to follow different rules to evict them and they’ll have increased protection from eviction.

You can get information from Shelter about:

assured tenancies in England

regulated tenancies in England

You can get information from Shelter Cymru about:

assured tenancies in Wales

regulated tenancies in Wales

Your tenant owes rent and gets housing benefits

If your tenant owes you rent and claims Universal Credit or Housing Benefit you may be able get the rent paid straight to you instead of evicting them. This is known as ‘managed payments’.

Request managed payments if your tenant is claiming:

Universal Credit - apply to the Department for Work and Pensions

Housing Benefit - contact the local council that pays your tenants’ benefits

Section 21 and Section 8 notices

You can evict tenants who have an assured shorthold tenancy using a Section 21 or Section 8 notice, or both.

Use a Section 8 notice if your tenants have broken the terms of the tenancy.

Section 21 notice of seeking possession

You can use a Section 21 notice to evict your tenants either:

after a fixed term tenancy ends - if there’s a written contract

during a tenancy with no fixed end date - known as a ‘periodic’ tenancy

You can get legal advice if you do not know which notice to give.

When you cannot use a Section 21 notice in England

You cannot use a Section 21 notice if any of the following apply:

it’s less than 4 months since the tenancy started, or the fixed term has not ended, unless there’s a clause in the contract which allows you to do this

the property is categorised as a house in multiple occupation (HMO) and does not have a HMO licence from the council

the tenancy started after April 2007 and you have not put the tenants’ deposit in a deposit protection scheme

the tenancy started after October 2015 and you have not used form 6a or a letter with all the same information on it

the council has served an improvement notice on the property in the last 6 months

the council has served a notice in the last 6 months that says it will do emergency works on the property

you have not repaid any unlawful fees or deposits that you charged the tenant - read the guidance for landlords on the Tenant Fees Act 2019

You also cannot use a Section 21 notice if you have not given the tenants copies of:

the property’s Energy Performance Certificate

the government’s ‘How to rent’ guide

a current gas safety certificate for the property, if gas is installed

You must have given your tenants the gas safety certificate and the ‘How to rent’ guide before they moved in.

You must have given your tenants a copy of the property’s Energy Performance Certificate before they rented the property.

When you cannot use a Section 21 notice in Wales

the tenancy started after November 2016 and you do not have a landlord licence

Giving tenants a Section 21 notice

In England, use form 6a if the tenancy was started or renewed after 30 September 2015. You can also write your own Section 21 notice.

In Wales, you must explain in writing that you are serving an eviction notice under Section 21 of the Housing Act 1998.

How much notice you need to give

Usually, a Section 21 notice must give your tenants at least 2 months’ notice to leave your property. Because of coronavirus (COVID-19) you must now give them a longer notice period.

If you gave your tenant notice between 26 March 2020 and 28 August 2020, the notice period must have been at least 3 months.

If you gave your tenant notice between 29 August 2020 and 31 May 2021, the notice period must have been at least 6 months.

If you gave your tenant notice on or after 1 June 2021, the notice period must be at least 4 months.

In Wales, the notice period must be at least 6 months if you gave your tenant notice on or after 24 July 2020.

In England, you may need to give a longer notice period if you have a ‘contractual’ periodic tenancy. This is a fixed term tenancy that has ended, but included a clause to continue as a periodic tenancy. The amount of notice must be the same as the rental period, if this is more than 2 months. For example, if your tenant pays rent every 3 months, you must give 3 months’ notice.

In Wales, if it’s a periodic tenancy, you must let your tenants stay for the notice period and any additional time covered by their final rent payment.

After you give notice

Keep proof that you gave notice to your tenants - either:

fill in the certification of service form (N215)

write “served by [your name] on [the date]” on the notice

If your tenants do not leave by the specified date, you can use your completed N215 or notice to apply for an accelerated possession order.

Section 8 notice of seeking possession

To give your tenants notice using a Section 8, you must fill in a ‘Notice seeking possession of a property let on an assured tenancy or an assured agricultural occupancy’. Specify on the notice which terms of the tenancy they’ve broken.

You can apply to the court for a possession order if your tenants do not leave by the specified date.

You can get legal advice on how to fill in a Section 8 with the correct notice periods and how to give it to your tenants.

How much notice you need to give

If you gave your tenant notice before 26 March 2020, you would have needed to give them up to 2 months to leave, depending on the reason for eviction.

Because of COVID-19, in most cases you must now give them a longer notice period.

The notice period can be shorter in some cases, for example if you are evicting tenants for antisocial behaviour. Find more information in the ‘Technical guidance on eviction notices’.

In Wales, if you gave notice on or after 24 July 2020, the notice period must be at least 6 months. If you want to evict your tenants because of antisocial behaviour, the notice period is still 3 months or more.

Standard possession orders

You can use the possession claim online service if you want to get your property back because your tenants owe you rent.

This is usually the next step if you cannot agree a rent repayment plan with your tenant.

The service lets you fill in court forms online and see how the claim is progressing. It costs £355.

If you made a possession claim before 3 August 2020

You’ll usually need to complete an N244 form to tell the court you want to continue with your claim.

You do not need to submit an N244 form if:

you submitted a reactivation notice to the court before 4pm on 30 April 2021

a judge has issued a possession order that says your tenants must leave the property

How to submit an N244 form

You’ll need to either:

post 3 copies of the form with your payment to the court

email the form to the court and give your phone number - the court will call you so that you can pay over the phone

It will cost £255 if you want the court to give your tenants notice of your application or £100 if not - for example, if the case is urgent.

If the judge for your case decides that you need to give notice and you have not, you’ll need to pay the extra £155.

You may be eligible for help with court fees.

When you cannot use the online service

You will not be able to use the online service for some kinds of standard possession claim, for example where there’s been trespass on your property, or your tenants have broken the terms of the lease.

Fill in the paper standard possession claim form and post it to your local court that deals with housing possession.

It costs £355 to apply. Send a cheque made payable to ‘HM Courts and Tribunals Service’ to the court with your completed form.

Accelerated possession orders

You can apply for an accelerated possession order if your tenants have not left by the date specified in your Section 21 notice and you’re not claiming rent arrears.

This is sometimes quicker than applying for a standard possession order and there’s usually no court hearing. It costs £355.

Fixed-term tenants cannot be evicted until their tenancy ends.

If you want to claim rent arrears you can use either the:

standard possession procedure

accelerated procedure to get your property back, then make a separate court claim for the rent arrears

If you made a possession claim before 3 August 2020

You’ll usually need to complete an N244 form to tell the court you want to continue with your claim.

You do not need to submit an N244 form if:

you submitted a reactivation notice to the court before 4pm on 30 April 2021

a judge has issued a possession order that says your tenants must leave the property

How to submit an N244 form

You’ll need to either:

post 3 copies of the form with your payment to the court

You may be eligible for help with court fees.

How to apply

Download and fill in:

the form for properties in England (available in English and Welsh)

the form for properties in Wales  (available in English and Welsh)

Send the completed form to the nearest court that deals with housing possession.

What happens next

Once your application is approved, the court will send your tenants a copy of the application.

Your tenants have 14 days to challenge the application, from the date they receive it.

A judge will decide either to:

issue a possession order that states your tenants must leave the property (this is normally the case)

have a court hearing (this usually only happens if the paperwork is not in order or your tenants raise an important issue)

Even if there’s a hearing, the court can still decide to issue a possession order.

If your tenants are in an exceptionally difficult situation the judge may give them up to 6 weeks.

Possession hearings and orders

The judge could decide to make an order, or that a hearing is needed.

Hearings

At the hearing they might:

dismiss the court case - no order will be made and the hearing will end

adjourn the hearing - it will be moved to a later date (this happens if a judge believes a decision cannot be made on the day)

make an ‘order’ - a judge’s legal decision on what should happen

The judge will dismiss the case if there’s no reason your tenants should be evicted. This might also happen if:

you have not followed the correct procedure

you or your representative do not attend the hearing

your tenants have paid any rent that was owed

Your tenants can stay in your property if the judge dismisses the case. You must restart the court process from the beginning if you still want to evict them.

Coronavirus (COVID-19) and possession hearings

Tell the court as soon as possible if you cannot attend a hearing because you have COVID-19 symptoms or you have been told to self-isolate.

The judge will decide whether to delay your case or arrange for the hearing to take place remotely.

Orders

The judge can make different kinds of orders.

Order for possession (or ‘outright possession order’)

This means your tenants must leave your property before the date given in the order.

The date will be either 14 or 28 days after the court hearing.

You can ask the court to evict them with a ‘warrant for possession’ if your tenants do not leave your property by the date given. If the court gives a warrant, your tenants will be sent an eviction notice with a date by when they must leave your property.

Suspended order for possession

This means your tenants can stay in your property as long as they make the payments, or obey the conditions, set out in the order. You can ask the court to evict them if they do not make the payments.

Because of COVID-19, bailiffs will not currently evict your tenants if your property is in Wales, unless there’s a serious reason(/evicting-tenants/eviction-notices-and-bailiffs).

Money order

This means your tenants must pay you a specified amount. The courts could take action if they do not make the payments, including:

deducting money from the tenants’ wages or bank accounts

sending bailiffs to take away things they own

You can go to court again and ask for a possession order if your tenants get into rent arrears after a money order is made.

Possession orders with a money judgment

A judge can add a money judgment to any of the possession orders. This means your tenants owe a specific amount of money, usually made up of:

their rent arrears

court fees

your legal costs

The money judgment will apply if they do not pay the amount set out in the suspended possession order that’s linked to the judgment. If they do not pay, you can ask the court to carry out the instructions in the order and the judgment.

The money judgment will not apply if your tenants pay their arrears and the amount set out in a suspended possession order.

Appealing against the decision

You can only appeal if you can show the judge made mistakes in the original possession hearing. You’ll need to ask the judge for permission to appeal at the end of that hearing.

If you get permission to appeal, you’ll have to apply for an appeal hearing as soon as possible afterwards. You’ll have to pay a court fee, unless you qualify for financial help.

You’ll need to get legal advice.

Eviction notices and bailiffs

You can ask the court for a ‘warrant for possession’ if your tenants:

do not leave the property by the date given in an order for possession

break the terms of a suspended order for possession

When the court issues a warrant, it will send your tenants an eviction notice with the date they must leave your property by. A bailiff can evict your tenants if they do not leave by this date.

You can apply for a warrant of possession up to 6 years after a possession order is made.

Changes to evictions in Wales because of coronavirus (COVID-19)

Currently, bailiffs will not evict your tenants if your property is in Wales, unless there’s a serious reason.
They will only enter the property if:

someone is living there illegally

your tenant has been involved in antisocial behaviour

If you have a serious reason to evict your tenants, read the guidance about what you need to do.

How to apply for a warrant

You can apply for a warrant for possession using either:

form N325

the Possession Claim Online service - as long as you used it to issue the original order for possession

It costs £121.

When a warrant is issued

You’ll be sent a warrant number by the court.

You’ll also be sent an EX96 ‘notice of appointment’ form to tell you the date of the eviction.

You must fill in the form and return it to the court to confirm the eviction. Otherwise, the eviction will be cancelled.

If you transfer the warrant to the High Court

You can get a ‘writ of possession’ if you transfer the warrant from the county court to the High Court. This means a High Court enforcement officer can evict your tenants. You might get a faster eviction this way.

Before you transfer, you’ll need to apply for permission from the county court if you do not already have it. It costs £66.

Delaying eviction

Your tenants can ask a judge to ‘suspend’ the warrant for possession at a new hearing. The judge could delay the eviction or let your tenants stay in your property if they can make payments again.

Changing payments

If your tenants’ circumstances change, they can ask a judge at a new hearing to change what they pay.

You’ll need to get legal advice.

Harassment and illegal evictions

It’s a crime to harass or try to force your tenants out of a property without following correct procedures. Your tenants might have the right to claim damages through the court if you do not follow the rules.

What is harassment?

Harassment can be anything you do or do not do that makes your tenants feel unsafe in your property or forces them to leave.

Harassment can include:

stopping services, like electricity

withholding keys, for example if there are 2 tenants in a property but you’ll only give one key

refusing to carry out repairs

antisocial behaviour by someone on your behalf, for example your friend moves in next door to your tenants and causes problems

threats and physical violence

Illegal eviction

You may be guilty of illegal eviction if you:

do not give your tenants the right amount of notice to leave your property

change the locks

evict your tenants without a court order