Ask ten hikers whether wild camping is legal in Britain and you'll get ten different answers, most of them half right. The truth is that "the UK" doesn't have one wild camping law. It has several, and they vary dramatically depending on which side of the border your boots are on. Get it right and you can sleep under the stars with a clear conscience. Get it wrong and, at best, you'll be asked to move on; at worst, you could face a fine.
So here's the honest, up-to-date picture for anyone planning a night out on the hill. A quick note before we start: this is a general guide, not legal advice, and local rules can change, so always check before you pitch.
One island, two very different rulebooks
The headline is simple. Scotland gives you a legal right to wild camp on most land. England and Wales do not. Everything else is detail, but the detail is where people come unstuck.
Scotland: the right to roam
Scotland is one of the few countries in Europe where you can cross open land, paddle a loch or pitch a tent for the night without asking a single landowner's permission. This isn't a loophole. It's the law, set out in the Land Reform (Scotland) Act 2003 and explained in plain English by the Scottish Outdoor Access Code.
Under these access rights, responsible wild camping is permitted on most unenclosed land, whether it's owned by the state, a private estate or a charity. The key word is responsible. The Access Code defines wild camping as lightweight, done in small numbers, and lasting no more than two or three nights in any one spot. To stay on the right side of it you should:
- Use a small tent and keep your group small.
- Camp well away from buildings, roads and historic structures.
- Avoid enclosed fields, crops and livestock.
- Take everything away with you and leave no trace of your pitch or any fire.
- Take extra care during deer stalking and grouse shooting seasons.
If you want to camp close to a house, you still need to ask. And access rights never extend to driving a vehicle onto land to camp; the right is for getting around under your own steam.
The one big Scottish exception: Loch Lomond
There's a notable carve-out worth knowing if you're walking the West Highland Way or heading to the Trossachs. Since 2017, Loch Lomond & The Trossachs National Park has run seasonal Camping Management Byelaws along its busiest lochshores. Between 1 March and 30 September, camping inside these Camping Management Zones is only allowed at a campsite or with a paid permit, and camping without one in a zone is a criminal offence.
It sounds dramatic, but keep it in perspective. The zones cover less than 4% of the park, the remaining 96% is unaffected, and from October to February the byelaws don't apply at all. The practical advice from seasoned walkers is to plan your stages so you camp outside the zones, or simply book a permit or pitch if your timing lands you inside one. It's not worth the risk of a fine.
England & Wales: no general right, but rarely a crime
Cross the border south and the picture flips. In England and Wales there is no general legal right to wild camp. Technically, pitching a tent on land without the owner's permission is trespass.
Here's the nuance that trips people up: in most cases, simple trespass is a civil matter, not a criminal one. That means a landowner can't usually have you arrested for quietly camping on open hillside, but they can ask you to leave, and you're obliged to go. Refusing, causing damage or being aggressive is where things can escalate.
In practice, a long-standing tradition of tolerance exists in the remote uplands: the high fells of the Lake District, parts of Snowdonia (Eryri), the Pennines and similar wild country. Many landowners and national park authorities turn a blind eye to discreet, responsible, one-night camps high up and away from habitation, provided campers follow the unwritten code: arrive late, leave early, pitch out of sight, light no fires and leave absolutely no trace. This tolerance is a courtesy, not a right, and it evaporates fast where people abuse it. The lowlands, farmland, beaches and beauty spots are a different matter entirely, and you should always seek permission there.
The Countryside and Rights of Way Act 2000 gave the public a right to walk across designated open access land in England and Wales, but, crucially, that right does not include camping. It's a right to roam in daylight, not to sleep over.
Dartmoor: the famous exception, and a courtroom saga
There is exactly one place in England where you have a genuine legal right to wild camp without permission: the Dartmoor Commons. And it nearly didn't survive.
For generations this right was simply assumed, grounded in the Dartmoor Commons Act 1985, which grants the public access to the commons for "open-air recreation." Then in 2022 two local landowners challenged it, arguing that camping wasn't covered by those words. In January 2023 the High Court agreed with them, and overnight the only wild camping right in England vanished, prompting mass protest walks across the moor.
Six months later the Court of Appeal overturned that decision and restored the right. The landowners took it all the way to the top, and on 21 May 2025 the UK Supreme Court unanimously dismissed their appeal. The justices ruled that camping is, in ordinary language, a form of open-air recreation, and that the phrase "on foot and on horseback" in the Act describes how you get to the commons, not what you're allowed to do once you're there.
So the position today is settled: you can wild camp on the Dartmoor Commons without a landowner's permission, as long as you arrive on foot or horseback and follow the local byelaws. Those byelaws still apply, including restrictions on camping in certain areas and a limit of no more than two consecutive nights in one place. Dartmoor National Park publishes a map showing exactly where backpack camping is permitted, which is well worth checking before you go.
The grey areas, cleared up
A few persistent myths worth putting to bed:
- "Wild camping is illegal in England." Not quite. It's usually trespass, which is generally a civil matter, not a criminal offence, unless byelaws or other laws say otherwise in a specific place.
- "If there's a right to roam, I can camp there." No. Open access land in England and Wales lets you walk, not sleep over.
- "Dartmoor sets the rule for the rest of England." No. The Supreme Court ruling turned on legislation specific to Dartmoor. It changed nothing about the law elsewhere, though campaigners hope it builds momentum for wider reform.
- "Scotland lets you camp absolutely anywhere." Almost, but not in the Loch Lomond management zones in season, not in enclosed fields, and not right next to someone's home.
How to camp legally and well, wherever you are
The law differs, but good practice is universal, and following it is the single best way to keep these freedoms alive.
- Know the rules for your specific spot before you set off. Border country, national parks and the Loch Lomond zones all have their own quirks.
- In England and Wales outside Dartmoor, ask permission where you can, and if you're relying on upland tolerance, be discreet, stay high and stay one night.
- Pitch late, leave early, and keep groups small. A lone tent that's gone by breakfast is rarely a problem for anyone.
- Leave no trace. Take every scrap of litter, remove all sign of your pitch, and think hard before lighting any fire; on dry peat or near woodland, don't.
- Respect water, livestock and wildlife. Camp back from rivers and lochs, give animals space, and keep dogs under close control.
Every abandoned barbecue and bag of litter is ammunition for those who'd like to see access restricted further. The Loch Lomond byelaws are a direct result of a minority behaving badly. Looking after the land is how we all keep the right to enjoy it.
A roof over your head, whatever the rules
Wherever you're legally pitching up, the kit matters. A discreet, low-profile shelter and a proper leave-no-trace setup make responsible wild camping far easier, and they're a lot kinder on sensitive ground than a sprawling family tent. If you're planning a night out on the hill, browse our tents and shelters for lightweight backpacking tents and solo bivvis, and don't forget a season-appropriate sleeping bag and sleeping mat to see you through the night.
Sleep well, tread lightly, and leave the wild as you found it.