Access Rights

Land Reform (Scotland) Act 2003

This Act enables everyone the right of access over land and inland water throughout Scotland for non-motorised activity, as long as they behave in a responsible manner. The essential elements that should be followed are: 

• Respecting the privacy of others

• Following reasonable information and advice

• Caring for the environment and minimising your impact

• Allowing landowners and others to carry out their work safely and effectively

• Taking responsibility for your own actions

Under this Act Local Authorities have been given powers to uphold the statutory public access rights.  The local authority is duty bound to uphold the exercise of access rights and rights of way over any route, waterway or other means by which such rights may be exercised, where they apply. In doing so, the council is guided by the legislation of the Land Reform (Scotland) Act 2003 and the countryside (Scotland) Act 1967, including recognition of circumstances where access rights do not apply.

Local authorities are also responsible for:

• Setting up one or more Local Access Forums

• Drawing up a Core Paths Plan

• Upholding public access rights

• Promoting of the Scottish Outdoor Access Code

Scottish Outdoor Access Code

The Scottish Outdoor Access Code (SOAC) was established under the Land Reform (Scotland) Act 2003 and gives practical guidance to landowners and access users as to how to manage and take access in a responsible manner. The code gives detailed guidance on the responsibilities of those implementing their access rights and those who manage the land. The Outdoor Access Code is based on 3 principles that apply to both the public and landowners;

• Respecting the interests of other people,

• Caring for the environment, 

• Taking responsibility for your own actions.

Rights of Way

Rights of Way are existing paths that have been used over many years that provide people with access to the countryside. They form part of the common law in Scotland where a route to be considered a right of way must meet the following criteria:

Useful Leaflets

• Public access in Scotland – know your rights (PDF)

• Responsible camper poster (PDF)

• Lighting fires guidance (PDF)

• Where to go in the great outdoors (PDF)

• Dogs and horses (PDF)

• Off-road cycling (PDF)

• Responsible mountain biking (PDF)

• Marine wildlife watching code (PDF)

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