Environment and roads

Landowner's guide to gates, stiles and other structures

You must get permission from Hertfordshire County Council to erect any type of structure on or across a public right of way. There are three different occasions where permission will be given:

• When a public right of way crosses a field that contains livestock
• When there is a public safety issue*
• When the Definitive Map and Statement has recorded the presence of a structure on the right of way

The law will only allow a structure, such as a gate or a stile, to be erected on a footpath or bridleway. A structure can not be erected on a Restricted Byway (RB) or a Byway Open to All Traffic (BOAT).

* Safety issues are dealt with on a case by case basis. If you think that there is a safety issue on your land that will effect the type of structure you have, contact the Rights of Way Unit at Hertfordshire County Council for further advice.

** Stiles will only be considered as replacement structures where there is no local need for easier access and an alternative structure cannot be made suitably stockproof e.g. a self closing latched gate or a kissing gate.

If you are granted permission to erect a structure across a public right of way the following conditions apply:

• You will be responsible for the cost of installing and maintaining the structure to the specified standards
• You must not erect any other type of structure other than the one you have permission for
• Gates on bridleways must be easy to open both from horseback and on foot
• If the conditions that allowed the structure to be erected change the structure must be removed
• If the route is upgraded the permission for the structure must be reapplied for
• If any of these conditions are not met then Hertfordshire County Council will require the structure to be removed

Once you have permission to erect a structure you have three choices:

• The Rights of Way Unit at Hertfordshire County Council will supply you with a technical drawing setting out the specifications for the structure and you can construct it yourself. Once it is built it will need to be inspected by a Rights of Way officer.
• You can pay Hertfordshire County Council a fee to have a contractor sent to erect the structure for you.
• You can pay Hertfordshire County Council a fee and they can provide you with a structure kit and you can erect it yourself.
• Once it is built it will need to be inspected by a Rights of Way officer.