Commons Act 2006
- Commons Act 2006 and explanatory notes
- The Commons Registration (England) Regulations 2014
- Application forms - CA1 to CA15
- Guidance notes for applicants
As a registration authority, North Yorkshire Council is responsible for processing common land and village green applications. Part of our role is to decide on your application and we must remain impartial. Therefore, we cannot offer specific advice on individual applications. You are responsible for both deciding which form is appropriate for the type of amendment you want to make and for completing the form.
Copies of documents received with applications are non-returnable and are retained by us for future reference. Please do not provide original documents you want to keep for your own records.
Please consider taking independent expert advice, such as from a solicitor with experience in this area of law, if you need detailed guidance. You may also be able to get help from organisations such as the National Farmers' Union, the Country Land and Business Association or the Open Spaces Society.
You can visit this GOV.UK webpage to download the application forms.
Related websites and resources to help you with your application
Frequently asked questions
How can I view the registers?
The common land and village green registers are public documents and anyone can view them free of charge.
The registers are kept at County Hall in Northallerton. Please contact us to make an appointment.
Our office hours are Monday to Thursday, 8.30am to 5pm and Friday, 8.30am to 4.30pm.
Copies of the register pages can be provided for a fee.
Can I apply to remove wrongly registered common land from the register?
Under Schedule 2 of the Commons Act 2006, you may be able to apply to remove land from the registers if you can prove it was wrongly registered.
Application form to deregister common land or village greens
Under section 16 of the Commons Act 2006 you can apply to deregister common land and village greens to allow development to take place if (in most cases) you give replacement land in exchange and the overall application is in the public interest.
What errors can be corrected in the registers?
Under section 19 of the Commons Act 2006, you can apply to correct errors in the registers.
The following may be corrected:
Mistakes made by the registration authority
You can apply to correct mistakes the registration authority made when recording an entry in the registers, such as:
- if the registration authority made an error when mapping the boundary of land during the provisional registration
- if, in amending an entry in the registers, the registration authority made an error when entering the number of rights
The applicant is responsible for providing evidence the registration authority made the mistake.
Duplicate entries
You can remove a duplicate entry in the registers. Duplicate entries generally occur where an application was made for a provisional registration of a right of common under the Commons Registration Act 1965 by both a farm's tenant entitled to exercise the right and the farm's owner, and no objection was made to either registration at the time and both became final.
Other mistakes not affecting land or quantification of rights
You can apply to correct any other mistake in the registers, provided the amendment would not affect the extent of the land registered nor the quantification of any right of common.
For example:
- you can apply to correct the identification of the farm or holding to which a right of common is registered as being attached
- you can apply to correct a mistake in identifying the land over which a right of common is exercisable, such as if the right is exercisable over the whole of the land rather than a particular part
How do I update a name or address?
Under Section 19(2)(d) of the Commons Act 2006, it is only possible to change a name or address if you are the original registered owner of a right of common held in gross.
If you have bought or inherited a right held in gross, you can apply under Section 12 of the Commons Act 2006 to transfer that right.
If you are the owner or a tenant of a right of common and you wish to change the name of the person who is exercising those rights, you can apply under Regulation 43 of The Commons Registration (England) Regulations 2014 to declare your claim and have your name added to the register.
If you are the owner of a right of common attached to land and you wish to update an address in the register, please contact us.
How much are the application fees?
| Provision under, or for the purpose of which, the application is made | Application form | Purpose of application | Application fee | Application fee from 1 April 2024 |
|---|---|---|---|---|
| Section 6 of the 2006 Act | CA1 | Creation of a right of common over existing common land | £312.70 | £331.46 |
| Section 6 of the 2006 Act | CA1 | Creation of a right of common resulting in the registration of new common land | Free | Free |
| Section 7 of the 2006 Act | CA2 | Variation of a right of common | £312.70 | £331.46 |
| Section 7 of the 2006 Act | CA2 | Variation of a right of common resulting in the registration of new common land | Free | Free |
| Section 8 of the 2006 Act | CA3 | Apportionment of a right of common | £312.70 | £331.46 |
| Section 10 of the 2006 Act | CA4 | Attachment of a right of common | Free | Free |
| Section 11 of the 2006 Act | CA5 | Reallocation of attached rights | £312.70 | £331.46 |
| Section 12 of the 2006 Act | CA6 | Transfer of a right in gross | £116.60 | £123.60 |
| Section 13 of the 2006 Act | CA7 | Surrender or extinguishment of a right of common | £233.20 | £247.19 |
| Section 14, paragraph 8 of the 2006 Act | CA8 | Statutory disposition pursuant to Section 14 of the 2006 Act (including the exchange of land for land subject to a statutory disposition) | £466.40 | £494.38 |
| Section 15(1) or Section 15(8) of the 2006 Act | CA9 | Registration of a new town or village green by the owner or someone other than by the owner | Free | Free |
| Section 19 of the 2006 Act | CA10 | Correction, for a purpose described in Section19(2)(d) | £53 | £56.18 |
| Section 19 of the 2006 Act | CA10 | Correction, for a purpose described in 19(2)(b) or(e) | £312.70 | £331.46 |
| Section 19 of the 2006 Act | CA10 | Correction, for a purpose described in Section 19(2)(a) or (c) | Free | Free |
| Schedule 1, paragraph 19(6)(b), to the 2006 Act | CA11 | Severance by transfer to public bodies | £79.50 | £84.27 |
| Schedule 1, paragraph 3(7)(b), to the 2006 Act | CA12 | Severance by authorised order | £233.20 | £247.19 |
| Schedule 2, paragraph 6-9, to the 2006 Act | CA13 | Deregistration of certain land registered as common land or as a town or village green | £1,558.20 | £1,651.69 |
| Schedule 2, paragraph 2 or 3, to the 2006 Act | CA13 | Non-registration of common land or town or village green | Free | Free |
| Schedule 2, paragraph 4, to the 2006 Act | CA13 | Waste land of a manor not registered as common land | Free | Free |
| Schedule 2, paragraph 5, to the 2006 Act | CA13 | Town or village green wrongly registered as common land | Free | Free |
| Schedule 3, paragraph 2 or 4, to the 2006 Act | CA14 | Creation of a right of common, statutory disposition (including the exchange of land for land subject to a statutory disposition) and variation | £429.30 | £455.06 |
| Schedule 3, paragraph 2 or 4, to the 2006 Act | CA14 | Apportionment of a right of common (to facilitate any other purpose) | £392.20 | £415.73 |
| Schedule 3, paragraph 2 or 4, to the 2006 Act | CA14 | Surrender or extinguishment of a right of common, severance of a right of common, transfer of a right in gross | £265 | £280.90 |
| Regulation 43 of the Commons Registration (England) Regulations 2014 | CA15 | Declaration of entitlement to exercise a right of common | £74.20 | £78.65 |
| Section 15A(1) of the 2006 Act | CA16 |
Deposits under Section 15A(1) of the Commons Act
Any additional notices |
£413.40
£31.80 per notice |
£438.20
£33.71 per notice |
| General enquiry | Requesting a copy of a register | £16.84 | £17.85 |
How is my application processed and how long will it take?
| Step in application process | Timescale |
|---|---|
| We receive an application, supporting evidence and fee (if applicable). | Receipt acknowledged within five working days. |
| The application is reviewed | This depends on how much evidence is provided and whether we require further information from you about your application. We may also ask for advice from our legal services department. |
| The application is processed for statutory publication of notices | Five working days. |
| Notice period. | Once the notice period begins, a minimum of 42 days are required to allow any representations to be received. |
| Applicants are informed of any representations received. | You have 21 days to respond to any representations. |
| Representations review. | An undefined period where responses and counter responses between an applicant and those making representations can be made. |
| Unless the application is referred to the Planning Inspectorate, we will make a decision together with a recommendation to committee as appropriate. | After reviewing all representations, we will decide to accept or reject the application. The applicant and those who made representations will be informed of the decision and it will also be published on our website. |
| Decision on your application | Applications are usually determined by the Commons Registration Officer. Some applications are referred to the Corporate Director - Business and Environmental Services or the Planning and Regulatory Functions Sub Committee for final determination. |
| A Planning Inspectorate referral is required. | An additional fee will be charged if your application is referred to the Planning Inspectorate. Please refer to schedule 6 of the Commons Registration (England) Regulations 2014. |
| Application to declare entitlement to exercise a right of common. | This application does not require a notice period. Registers should be amended and a copy sent to the applicant 20 working days from the date the application was determined. |
How do I create new rights of common or change existing rights?
New rights
Under section 6 of the Commons Act 2006, you can apply to create new rights of common over an existing common or over a new piece of land to create a new common. You can't create new rights of common over a town or village green.
You can apply only if you are the owner of the land over which the right will be exercisable or the land to which the right will be attached. Any new right of common must be attached to land in order for it to become exercisable.
Existing rights
Under section 7 of the Commons Act 2006, you can apply to vary an existing right of common so it becomes exercisable over new land, in replacement or in addition to the existing common land, or is otherwise varied, such as the stock which may be grazed.
You can apply if you are the owner of the:
- common over which the rights are exercisable or will be exercisable
- land to which the rights are attached
- right held in gross
How do I transfer a right of common held in gross?
If the transfer of a right of common held in gross occurred on or between 2 January 1970 and 15 December 2014, then you can apply to transfer the right held in gross under Schedule 3 of the Commons Act 2006. If the transfer occurred after the 15 December 2014, then you can apply under Section 12 of the Commons Act 2006.
You can apply only if you are the registered owner of the right or the person to whom the right will be transferred.
Can I register land as common land?
Under Schedule 2 of the Commons Act 2006, you may be able to apply to register land as common land if it is legally recognised as being common land but has not been registered.
Can I register rights of common?
You cannot register rights of common which should have been registered under the Commons Registration Act 1965 as those rights were extinguished in 1970.
Do I need to do anything if I have sold my rights?
You are not required to do anything if you sold your land with rights of common attached. The rights remain attached to the land.
Can I apply to deregister land containing buildings?
Under paragraphs 6 or 8 of schedule 2 to the Commons Act 2006, you may be able to apply to deregister land that is, or has been, covered by a building or the curtilage of a building ever since the land was registered under the Commons Registration Act 1965.
How do I apportion, reallocate or extinguish a right of common?
Apportion a right of common
Under section 8 of the Commons Act 2006, you can apply to apportion a right of common to reflect an ownership change of part of the land to which a right of common is attached.
For example:
A farm has a right to graze 30 sheep but the farm is subsequently divided into three equally sized lots, with each owner being entitled to the right to graze ten sheep on each lot.
In this case, you can apply to update the original right in the register to show the entitlement belonging to the owner of each plot.
Reallocate an attached right of common
Under section 11 of the Commons Act 2006, you can apply to reallocate a right of common attached to land where part of the land has been or will be put to non-agricultural use.
For example:
You can apply where part of the land to which the right is attached has been acquired for development, such as a new road, by compulsory purchase. You can apply only if you are the owner of the land to which the right of common is attached.
Extinguish a right of common
Under section 13 of the Commons Act 2006, you can apply to extinguish a right of common.
You can apply only if you own the land to which the right is attached or hold the right of common in gross, or if you own any part of the land over which the right of common is exercisable.
How do I attach a right in gross to land?
Under section 10 of the Commons Act 2006, you can apply to attach to land, such as a farm holding, a right of common you hold in gross so the right will be exercisable by the owner of the land in the future.
You can apply only if you are the owner of the right of common held in gross.
How do I apply an amendment to the registers due to a statutory disposition?
Applications can be made under section 14 of the Commons Act 2006 to amend the registers because of a statutory disposition.
This usually occurs where common land, town or village greens or rights of common are acquired compulsory, sometimes with other land being given in exchange. Generally there is a duty on those bodies making the compulsory purchase to apply to have the registers amended.