Wildfires and the right of responsible access: Understanding Scotland's laws on fires and barbeques

Following the recent wildfires that have devastated parts of Scotland's green spaces, we examine the legal rights relating to lighting fires and enjoying barbecues on public and private land in Scotland.

Land Reform (Scotland) Act 2003

The principal legislation governing Scotland's statutory access rights is the Land Reform (Scotland) Act 2003 (the “2003 Act”). The 2003 Act creates a statutory right of responsible access (often referred to as the ‘right to roam’) across land for primarily recreational purposes. However, there are exemptions to exercising the ‘right to roam’ in certain areas including, but not limited to, buildings, sports grounds, cropped fields and developments.

Whatever the purpose and wherever exercised, the most important point to note is that the exercise of the right must be carried out responsibly, which includes not causing any damage to property.

The 2003 Act does not, in itself, create a specific right to light fires or barbecues. Rather, lighting a fire may be permitted as part of a related activity, provided that the activity is exercised responsibly and in accordance with the Scottish Outdoor Access Code and any local byelaws or land management rules.

The Scottish Outdoor Access Code

The Scottish Outdoor Access Code (the “Code”) is maintained by NatureScot and sets out the rights and responsibilities of land managers and visitors. It is the primary source of guidance on whether a right is being exercised responsibly. In relation to the lighting of fires and barbeques in public, the Code specifically states:

Wherever possible, use a stove rather than light an open fire. If you do wish to light an open fire, keep it small, under control and supervised – fires that get out of control can cause major damage, for which you might be liable. Never light an open fire during prolonged dry periods or in areas such as forests, woods, farmland, or on peaty ground or near to buildings or in cultural heritage sites where damage can be easily caused. Heed all advice at times of high risk. Remove all traces of an open fire before you leave.

It is also important to note that the Code explicitly prohibits the lighting of fires on any cultural heritage sites (whether or not an entry charge is payable), including unsupervised historic or archaeological sites where access rights may be exercised.

The Code also sets out responsible behaviour for land managers to work with local authorities to inform people of the high risks involved in lighting fires during times of drought.

Byelaws

In addition to the guidance provided in the Code, the 2003 Act also allows for byelaws to be created by public bodies and local authorities. The Cairngorms National Park Authority recently exercised this right by introducing a Fire Management Byelaw in 2025, which came into force in April 2026. This byelaw is the first of its kind in the UK aimed specifically at reducing the risk of wildfires.

The byelaw prohibits the lighting of fires (including placing, throwing or dropping a lighted match, firework or anything else that is likely to cause a fire) and the use of barbecues between 1 April and 30 September each year, with fines of up to £500 for non-compliance. There are some limited exceptions which permit the lighting of fires and use of barbecues within (a) the curtilage of private dwellings, (b) fireplaces in a bothy, (c) licensed caravan sites, and (d) private properties, but these exceptions are subject to conditions.

Although fires and the use of barbecues is prohibited during this period, camping stoves are still permitted, provided they are manufactured for that purpose (excluding coal and wood burners) and used responsibly to avoid danger of, or damage by, fire.

Management rules

Local authorities can also create management rules under the Civic Government (Scotland) Act 1982 to regulate the use and conduct of the public while they are on or in any land or premise which is owned, occupied, managed or controlled by public authorities.

These are generally used in public parks, country parks and open spaces to stipulate the appropriate conduct of visitors, including any specific bans or restrictions relating to the lighting of fires and use of barbecues.

General offences

There are some general offences in relation to the lighting of fires, including:

·       lighting a fire in a public place (i.e. any place where the public have unrestricted access, which would include a right of responsible access under the 2003 Act) so as to endanger any other person, or to give reasonable cause for alarm or annoyance, or to endanger any property under the Civic Government (Scotland) Act 1982; and

·       lighting a fire: (a) on or near any private road, (b) on enclosed or cultivated land, or (c) in or near any plantation, in each case without the consent of the owner or land manager under the Trespass (Scotland) Act 1865 and the Roads (Scotland) Act 1984.

Summary

While Scotland's access legislation provides extensive rights to enjoy the outdoors, those rights are accompanied by corresponding responsibilities. Open fires and barbecues are not an unrestricted right and must be undertaken in accordance with the Scottish Outdoor Access Code, and any other applicable local byelaws or regulations. Failure to comply with these restrictions may result in a civil or criminal offence with associated penalty fine or even criminal prosecution.

As concerns over wildfire risk continue to grow, land managers and public authorities are increasingly relying on education, guidance and regulation to restrict fire use in vulnerable areas. Those exercising access rights should therefore check local restrictions, heed wildfire warnings and wherever possible use a camping stove instead of an open fire.

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