What to expect
The surface of a public right of way should be easy and safe to use. It is usual for paths in rural areas not to have been 'made up' and consist of the natural soil only; some mud, vegetation and unevenness is to be expected on these paths, which will change with the seasons.
Who is responsible?
In most cases we have control over the surface of the public right of way, but in some cases public rights of way run along farmers tracks or private drives; in these cases the landowner or occupier may also be liable for the surface.
Private rights of way are not our responsibility. If you have a question about a private right of way or easement, you should contact your solicitor or Citizen's Advice Bureau.
Vehicles and rights of way
Landowners and occupiers may have private rights to use motorised vehicles on tracks and private drives which are also public rights of way. It is an offence to drive a motorised vehicle (or motorcycle) on a footpath or bridleway unless you have the landowner's permission or have a private right of way. Landowners/occupiers and those using their vehicles are usually responsible for repairs needed to wear and tear.
Repair works
Where rights of way deteriorate through the natural wear and tear of use, or erosion from weather, we may need to carry out repairs to the surface of the path to keep it open for use. There are always more repairs than budget, so we use the ßÙßÇÂþ» Countryside Access Team - Surfacing Score Sheet (SSS) to assess the condition and priority of surfacing works on public rights of way across ßÙßÇÂþ». It provides a structured framework for evaluating surface condition and prioritises maintenance programmes based on safety, accessibility, and network importance.
The use of the SSS provides the following benefits:
- Safety & accessibility: Reduces hazards and improves usability for all user groups.
- Objective prioritisation: Ensures resources are allocated to the most critical routes.
- Community engagement: Incorporates feedback from public, user groups, and councillors.
- Network integrity: Maintains connectivity and supports promoted routes.
Each route is inspected and scored against the following criteria:
- Surface condition: Evaluates surface type, legal classification, damage severity (e.g. rutting, trip hazards), and weather sensitivity.
- Impacts of improvement: Considers user benefits, safer alternatives to roads, and key routes (e.g. school access).
- Links to other pubic rights of way: Assesses connectivity to wider networks, promoted routes, and circular walks.
- Requests by users: Reflects demand from public reports, user groups, and parish councils.
- Councillor interest: Notes local councillor involvement for reporting on behalf of residents.
- Risk assessment: Evaluates current and potential hazards to users.
Each factor is scored individually to create an overall priority score which then determines priority for maintenance. In addition, we will undertake improvement works where the costs are met through third party funding such as the Community Infrastructure Levy (CIL) or S106 Agreements associated with developments. However, it is frequently necessary to close a path for safety reasons whilst awaiting works or whilst works are carried out.
For Landowners
Although we are not required to, we always attempt to contact affected landowners before we carry out major repairs on a right of way.
Landowners and occupiers must seek our approval before carrying out any work to the surface of a right of way (except when ploughing an agricultural field – see our page on vegetation). When repairing wear and tear, we can sometimes assist landowners with a small financial contribution or a supply of suitable materials (when available).
Tarmac on private drives is particularly a concern where the route is also a public bridleway as it can be very slippery for horses.
If a landowner wishes to change the surface type of a way which is also a footpath or bridleway (for example from gravel to tarmac) they may need Planning Consent from the borough or district council in addition to consent from us.
What happens next?
When reporting a path surface needing attention, your report will be forwarded to the area Countryside Access Officer who will need to inspect the site.
Unless the repair required is needed urgently on safety grounds, it will be assessed using the criteria described above and scheduled for works also considering availability of funding.
When requesting our consent to carry out your own works to the surface of a public right of way, the area Countryside Access Officer will need to discuss your proposals with you and may also need to visit the site.
Use our online form if you need to enquire about or report a problem on a right of way.