Making a statement or declaration under the Highways Act 1980: Section 31(6)
Note: These notes are intended for guidance only and do not represent a complete statement of the law.
New public rights of way can come into existence through public use, and we, as the ‘appropriate authority’, have a duty to investigate claims to record additional public rights of way on the definitive map and statement. One of the first questions the investigating officer asks is ‘Has the landowner taken sufficient action to make it clear to the public that they have no right to access their land?’ This is not always an easy question to answer. The landowner may have fenced their property, but the fences may be broken down. They may have erected notices, but these may have been damaged or removed. While it is important to take these basic steps in exercising landowners’ control of access to their land, the law recognises that there can be problems.
Section 31(6) of the Highways Act 1980 allows landowners to make their intentions clear by depositing with the ‘appropriate authority’ a highways statement and map that recognises the public rights of way that already exist on their land. If the landowner follows this up by depositing a highways declaration to confirm that no new rights of way have been dedicated and they renew this before the expiry date (see note below) any public use of their land will not count towards the establishment of new public rights of way.
This gives the landowner a way of protecting their property, while still allowing a degree of permissive public access. Once lodged with the appropriate authority the highways statement and map and highways declaration will be included in the authority’s Highways Act 1980 Section 31(6) Register and the highways statements, highways declarations and maps become public documents available for public inspection.
A landowner, by submitting a highways statement and highways declaration, will prevent future use counting towards the establishment of new public rights of way over their land. It will not necessarily prevent members of the public from making applications for public rights of way to be recorded, because the public may have used a route unchallenged for more than 20 years prior to the highways statement being submitted, or they might find documentary evidence showing that a public right of way came into existence at some time in the past. Highways statements and highways declarations only prevent a public right of way being established through public use, they do not protect against applications based on historic documentary evidence for example, an inclosure award proving that a public right of way was created by statute.
Both the Country Land and Business Association and the National Farmers’ Union have promoted wide use of Section 31(6) submissions. Further advice and information can be obtained from ourselves or from your local Country Land and Business Association or National Farmers’ Union representative. See also the Countryside Agency publication Managing Public Access – A Guide for Land Managers (CA 210 March 2005) and the Natural England publication – A guide to the definitive map and changes to public rights of way – 2008 Revision (Booklet NE112 – 2008).
Expiry dates
S31(6) submissions made before 1 October 2013 are valid for a period of ten years. On 1 October 2013 the legislation was amended to extend this period to 20 years, but this only applies to submissions (Highways Statements or Highways Declarations) made after 1 October 2013.
Format for Highways Act S31(6) submissions
With effect from 1 October 2013 all new S31(6) applications and any renewals to existing S31(6) submissions must be made using the Defra application form for deposits under section 31(6) of the Highways Act 1980 and section 15A(1) of the Commons Act 2006 (Form CA16). A copy of the form is available on the Government website. Defra guidance notes for completing this form can also be found there.
The form can be completed by the landowner(s), or by someone authorised to act on the landowner’s behalf, for example, a land agent.
Making a S31(6) submission is a two-stage process: first you must submit a highways statement and map, then, once receipt of this has been acknowledged by the appropriate authority, you should submit a highways declaration.
The Highways Declaration must be submitted within 20 years of the Highways Statement being submitted. It is very important that this deadline is not missed; if a Highways Declaration is submitted more than twenty years after the Highways Statement, it may leave the validity of the Highways Statement open to challenge, and the property may not have been protected under S31(6).
For this reason, we strongly recommend that the highways declaration is submitted as soon as possible following acknowledgement of receipt of your highways statement, to ensure that your land will be protected for 20 years. A deadline 20 years in the future may easily be forgotten, and we are unable to issue reminders that a submission is about to expire. By completing both steps you also confirm your intention not to dedicate any further highways; the highways statement on its own simply states that no other ways (except those acknowledged in the statement and shown on the map) have been dedicated. The highways declaration states both that no other ways (except those acknowledged in the statement and shown on the map) have been dedicated, and that you have no intention of dedicating any more public rights of way.
If you complete both stages in quick succession, for instance, submit the highways declaration within two months of submitting the highways statement, the fee (see below) will cover the processing of both the highways statement and the highways declaration. Highways declarations submitted more than two months after the highways statement will attract a renewal fee.
Fees
With effect from 1 October 2013 regulations allow authorities charge a fee for processing Highways Act 1980 S31(6) applications, modifications and renewals. Depending on the size and complexity of the land holding authorities can charge an appropriate fee. See the schedule of charges for details. If you are unsure of the charges applicable to your submission, please contact us for advice. Applications with no fee attached will not be processed and will be returned.
Step by step guide for preparing a highways statement and map and/or highways declaration:
1. Obtain a recent or current map of the entire area that you own
You can use a copy of a map from your property deeds or farm records if you wish, as long as it is at the correct scale (see below). If you do not have a suitable map, you may be able to download one from the internet; try our online maps, Google maps, Bing maps, Ordnance Survey website or other online maps. Your map must be at the correct scale and show your property clearly (field boundaries etc.) The Act specifies a minimum scale of 1:10560 (6 inch to 1 mile), but a map of a scale 1:10000, 1:5000 or 1:2500 for example would be suitable, depending on the size of your land holding. The extent of your land must be clearly outlined so that it is obvious which land you own and which parts are excluded.
For large land holdings (for example, large estates) more than one map may be needed to cover the whole property at the specified scale. In these cases it is helpful if you also submit an overview map to show the whole property. The overview map can be at a different scale for example, 1:50000 or whatever scale is suitable.
If your property covers multiple separate parcels of land, but all in the same ownership (for example, an agricultural business farming several different parcels of land), these can all be included in one highways statement, as long as all the land included is owned by the same landowner. In these cases a separate map at the specified scale will be required for each parcel of land.
2. Examine the definitive map and statement to ascertain what public rights of way are already recorded over your land, and their precise routes
This should avoid the need to rectify mistakes after your documents and maps have been formally submitted. Please note that a material error (either in the details on the application form for deposits under section 31(6) of the Highways Act 1980 and section 15A(1) of the Commons Act 2006 (Form CA16), the public rights of way shown or not shown in the map, or the extent of the land outlined) may result in the authority rejecting the submission. Material errors brought to our attention after the submission of a S31(6) deposit will result in the removal of your submission from the register.
The landowner/applicant should examine the definitive map or use a specialist land agent or solicitor as required. Public rights of way are shown on our Public Rights of Way page. but the alignments shown on the online maps are only approximate. If you are unsure of the exact alignment of a public right of way, and would like to check it on the Definitive Map please contact us to arrange an appointment.
It is also advisable:
- to check the status of any paths, tracks, farm roads or short cuts on your land to ascertain whether the public has been using them unopposed for 20 years or more
- to check legal documents such as inclosure awards that may indicate that other public rights of way exist that are not shown on the definitive map and statement
- to consult the relevant district council, parish council or local user groups to see whether there are any other paths likely to be claimed that you may wish to recognise (the Definitive Map Team may also have records of possible claims - contact us for further information)
3. Carefully mark on your map(s) the outline of the land that you own and the precise route of all public rights of way shown on the definitive map or otherwise acknowledged by you to exist
We recommend you use the colour coding shown below:
A red line - for marking the external boundary of your land
A blue line – for byways open to all traffic
A brown line – for restricted byways
A green line – for public bridleways
A purple line – for public footpaths
Except as indicated below, you should not try to deny the existence of any public rights of way shown on the definitive map. As a matter of law, the definitive map provides conclusive legal evidence of the existence and status of any public right of way shown on it, until the map is legally altered by a formal Definitive Map Modification Order or Public Path Order.
If you have made an application for a Definitive Map Modification Order to amend the definitive map in relation to any path shown on it, or if you have applied for a Public Path Order to divert a path this may be referred to in the highways statement and/or highways declaration. Please contact us for further advice if this is the case.
If you wish to divert or extinguish a public right of way, you should apply for a Public Path Order. Unofficial diversions should not be shown; the effect of showing these on your highways statement and map and/or highways declaration would be to confer public right of way status on such routes, as well as the original route as shown on the definitive map remaining a public right of way until legally modified (in effect creating two routes).
Do not show on the map(s) any permissive paths, unless it is intended that they should now be dedicated as public rights of way. If you wish to advise us of the existence of any permissive paths you should provide a separate map showing these paths only and stressing that it is not intended to dedicate such paths as public rights of way. You should also consider placing notices on these paths to make it clear that use is with the permission of the landowner, who may control access; these signs may indicate how and when control may be exercised.
The application form for deposits under section 31(6) of the Highways Act 1980 and section 15A(1) of the Commons Act 2006 (Form CA16) does not include provision for acknowledging any unsurfaced unclassified roads across your land. If you have any unsurfaced unclassified roads crossing your land we suggest that these can be shown in a different colour (for example, orange) on your map and referenced in the key, and an extra sentence added to Part B / Part C of the application form for deposits under section 31(6) of the Highways Act 1980 and section 15A(1) of the Commons Act 2006 (Form CA16) to refer to them. Please contact us if you would like further advice.
4. Using Form CA16: complete the highways statement or highways declaration
We recommend that you download the application form for deposits under section 31(6) of the Highways Act 1980 and section 15A(1) of the Commons Act 2006 form CA16 from the Defra website as a Word document, and then delete and add text as appropriate to create a document suitable for your highways statement or highways declaration. You can also download Defra's guidance notes on how to complete the application form for deposits under section 31(6) of the Highways Act 1980 and section 15A(1) of the Commons Act 2006 form CA16.
If your land is extensive or complex you may wish to consider consulting a specialist Land Agent or Solicitor to ensure that your submission is accurate and compliant with the legislation. When we receive your submission we will check it, but it is your legal responsibility to ensure that it is correct; we cannot be held liable for incorrect submissions.
A link to the application form for deposits under section 31(6) of the Highways Act 1980 and section 15A(1) of the Commons Act 2006 form CA16 can be found at the end of these guidance notes, along with examples of a completed highways statement and highways declaration to help you. If you need any further help or would like us to check a draft before you submit your signed documents, please contact us.
If you do not have access to a computer please contact us and we will provide a paper application form for deposits under section 31(6) of the Highways Act 1980 and section 15A(1) of the Commons Act 2006 form CA16 for you to complete by hand.
If the land to which the submission relates is owned by an individual the form must be signed and dated by ‘the owner’, or by a duly authorised representative of the owner of the land. If the land is owned by a body corporate or an unincorporated association the form must be signed by the secretary or some other duly authorised officer. In the case of land in joint ownership, all the joint owners must complete paragraphs two and three of Part A and complete and sign the application at Part F, unless a duly authorised representative completes and signs the form on behalf of all of the owners of the land. Paragraph three should be completed in full to clearly explain the capacity of the applicant for example, trustee, land agent, executor etc.
‘Owner’ is defined in section 31(7) of the Highways Act 1980 and means, broadly, a legal owner of the freehold interest in the land (for instance, the person who is for the time being entitled to dispose of the fee simple in the land). This includes the tenant for life (land held under a strict settlement) or the trustees (land held under a trust for sale).
Stage one, the highways statement, should be submitted first. Complete parts A, B, E (if necessary) and F of the application form for deposits under section 31(6) of the Highways Act 1980 and section 15A(1) of the Commons Act 2006 form CA16, and send it to us along with the map showing the extent of your land and any acknowledged public rights of way, and a cheque for the appropriate fee. Receipt of these will be acknowledged by the Definitive Map Team, who will confirm that there are no queries or anomalies. If there are any queries or anomalies we will contact you to explain the next steps to be taken.
Following acknowledgement of receipt of your highways statement and map you should then complete stage two, the Highways Declaration, by submitting the form again; this time completing Part A, C, E (if necessary) and F. There is no need to submit a map with the highways declaration, as long has nothing has changed since you submitted the highways statement and map. Please contact us for advice if there have been any changes since you submitted the Highways Statement (land ownership boundaries, rights of way diversions etc.) Receipt of the Highways Declaration will also be acknowledged. This confirms that the process is complete and will provide confirmation of the 20-year expiry date.
5. Submit your signed documents along with the appropriate fee
Completed highways statements, highways declarations and maps should be sent to the Definitive Map Team at the address at the end of these guidance notes, along with a cheque to cover the appropriate fee which can be found in the schedule of charges. If you are unsure of the fees applicable to your submission, please contact us for advice.
Cheques should be made payable to “North Yorkshire Council”, with the name of the property to which the submission relates written on the back.
We will acknowledge receipt, and advise you of your S31(6) reference number; please use this number if you need to contact us about your submission, for example, when submitting or renewing highways declarations.
6. Keep copies of all highways statements, highways declarations and maps with the title deeds for the property for future reference
Make a note of your S31(6) reference number and keep a forward note to renew the Highways Declaration before the notified expiry date (20 years from the date of submission under the current legislation). We are unable to issue reminders/notifications of submissions which are due to expire.
If there are tracks that cross the land that are not admitted to being public rights of way, it may be useful to place signs at the entrance to these to make it clear to the public that this is the position (as outlined in the opening paragraphs of these notes).
Notices
The legislation requires us to publicise receipt of highways statements and maps and highways declarations by:
Publishing notice of the statement and map/declaration on our website
Notifying anyone who has requested notification of all highways statements and declarations (for example, user groups).
The legislation also requires all highways statements and maps and highways declarations to be included on the Register of HA1980 S31(6) Deposits, which is publicly available on our Public Rights of Way page and at County Hall. Copies of your S31(6) documents (highways statements, highways declarations and maps) form part of this register.
Renewals and amendments
If you wish to renew an existing S31(6) submission, you must do so before it expires. If your previous submission has expired you will need to make a new submission rather than a renewal. Your submission will have expired if more than ten years have passed since your previous statement or declaration (20 years for statements or declarations submitted on the application form for deposits under section 31(6) of the Highways Act 1980 and section 15A(1) of the Commons Act 2006 form CA16 after 1 October 2013). Fees payable for renewals can be found in the schedule of charges.
Renewals with no changes to land holding
To renew a previous submission where there have been no changes to your land holding, you should submit a highways declaration, referring to the deposit or declaration and map previously submitted. To do this you need to complete parts A, C, E (if necessary) and F of the application form for deposits under section 31(6) of the Highways Act 1980 and section 15A(1) of the Commons Act 2006 form CA16. If there have been no changes to any public rights of way across your land, there is no need to submit a new map; instead you should refer to the map submitted previously.
However, if there have been any changes, for example, if any public rights of way have been diverted, extinguished or new paths recorded, you should submit a new map with your highways declaration to reflect these changes.
Renewals with changes to your land holding
If you have sold part of your land when the time comes to renew your submission, you should submit a highways declaration, referring to the deposit or declaration and map previously submitted, accompanied by a revised map showing the current extent of your land holding.
If at any time you purchase additional land to add to your land holding, you should consider submitting a new highways statement and map, followed by a highways declaration, even if the current deposit is not due for renewal yet. This will ensure that your whole land holding is protected under the legislation, as your existing submission will only cover the land included in the original submission and map, and will not cover any additional land you have acquired since.
Contact Us
For further advice and information on highways statements or highways declarations, or to arrange an appointment to view the definitive map, please contact us.
Definitive Map Team Public Rights of Way
North Yorkshire Council
County Hall
Northallerton
North Yorkshire
DL7 8AH
Commons Act 2006 – landowner statements
You can also use the application form for deposits under section 31(6) of the Highways Act 1980 and section 15A(1) of the Commons Act 2006 form CA16 to submit a Landowner Statement under Section 15A(1) of the Commons Act 2006. This will help prevent your land from being registered as a village green, if it is being used by local inhabitants for lawful sports and pastimes. You can do this separately, or as part of a joint submission together with a highways statement or highways declaration.
There is an additional fee for this which can be found in the schedule of charges.
For further information regarding Landowner Statements under the Commons Act 2006, contact our Village Greens Officer at commons.registration@northyorks.gov.uk
Application Form CA16
Application Form CA16 is available from the Government website.
Making a statement or declaration under Section 31(6) of the Highways Act 1980 or a statement under Section 15A(1) of the Commons Act 2006
Schedule of charges (effective from 1 April 2024)
Highways Act 1980 Section 31(6) statements and declarations
Fees are payable when either applying for a new Highways Statement and Declaration or renewing an existing Declaration. Submissions should be made using the application form for deposits under section 31(6) of the Highways Act 1980 and section 15A(1) of the Commons Act 2006 form CA16 and accompanying map or maps.
If your previous submission has expired you will need to make a new submission rather than a renewal. Your submission will have expired if more than 10 years have passed since your previous Statement or Declaration (20 years for Statements or Declarations submitted after 1st October 2013).
Please include payment with your initial submission. Cheques should be made payable to “North Yorkshire Council”, with the name of the property to which the submission relates written on the back.
Charges are subject to review on 1 April each year.
New S31(6) submission
| Fee Payable | What is included? | |
|---|---|---|
| Registration fee | £427.00 | Includes the processing and registration of the Highway Statement and Highway Declaration for up to two blocks of land (so long as the Highway Declaration is submitted within 2 months of the date of the Highway Statement) |
| Registration of extra blocks of land | £33.70 per block (up to a max of £168.50) | Additional fee for the processing and registration of land holdings made up of multiple blocks of land |
| Registration of the Highway Declaration (where the Declaration is submitted after 2 months of the date of the Statement). | £67.40 | Registration of the Highway Declaration |
Renewal of a current submission with no changes to be made
| Fee payable | What is included: | |
|---|---|---|
| Renewal fee | £67.40 | Processing of a Highways Declaration to renew a previous submission which has not yet expired and where there have been no changes to the land holding or other details |
Renewal of a current submission where changes are being made
| Fee payable | What is included: | |
|---|---|---|
| Renewal update fee | £292.10 | Processing of a Highways Statement and/or Highways Declaration to renew a previous submission which has not yet expired, to include minor modifications to the land holding (for example, to include additional land purchased adjoining the current land holding, or to delete blocks of land which have been sold) |
| Please note: where additional land has been purchased which is separate from (for instance, not adjoining) the current land holding or where large areas of new land are being added, the fee for a new registration will be charged. For all renewals where land is being added to the land holding, both a Highways Statement and Highways Declaration must be submitted, to ensure all land is protected. |
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Definition of “block of land”
A block of land is a single, contiguous area of land not broken in multiple parts by land in another person’s possession or by a public road. For example, two fields separated by a boundary fence or hedge would constitute one block of land; the same two fields separated by a public road would constitute two blocks of land.
Please note no registration will be processed until the appropriate fee is received.
Commons Act 2006 Section 15A(1) landowner statements
| Fee payable | What is included | |
|---|---|---|
| New registration fee | £438.20 | Registration of landowner statement for a first application |
| Erection of site notices | £33.71 per notice | Includes the erection of each notice |