The Cairngorms National Park Authority recently introduced the Cairngorms National Park Fire Management Byelaw 2025 (the Byelaw). The Byelaw restricts the rights enjoyed by the public under the Land Reform (Scotland) Act 2003 (the 2003 Act).
Under the 2003 Act, members of the public enjoy a right of responsible access to most land and inland water in Scotland for recreational purposes, including walking, cycling, horse riding, swimming and wild camping.
Guidance on the responsible exercise of these rights is set out in the Scottish Outdoor Access Code.
For access users, this means respecting privacy by avoiding taking access immediately next to houses or private buildings, caring for the environment, and taking responsibility for personal behaviour. Access should not damage crops, disturb livestock, interfere with farming or forestry operations, or create unnecessary risk.
The Byelaw restricts the rights enjoyed by the public under the 2003 Act, specifically restricting rights to light and use fires and barbecues in the Cairngorms National Park area between 1 April and 30 September each year. This period is typically associated with warmer weather and higher visitor numbers. The Byelaw’s main purpose is to reduce the chance of wildfires that could threaten people, wildlife, habitats, and property.
Outside this period the guidance contained within the Scottish Outdoor Access Code applies to the use of fires and barbecues remains unaltered.
Enforcement and Exemptions
The Byelaw does not impose an outright ban on fire use. However, the ability to light a fire or barbeque during the period in which the Byelaw is effective will be restricted based on location, property type, and consent.
Existing land management activities, such as muirburn, remain regulated under separate legislation.
The Byelaw permits the lighting of fires or barbeques by, or with the permission of, landowners, tenants or occupiers in specific circumstances:
Domestic properties and holiday accommodation: Fires and barbecues are permitted within the garden, or private area around a dwellinghouse, including short term lets.
Licensed caravan and camping sites: Fires and barbecues are permitted only on sites licensed under the Caravan Sites and Control of Development Act 1960 and only with the site owner’s permission.
Bothies: Fires are permitted only within a fireplace in a bothy. Barbecues remain prohibited at these locations. There is a specific definition of a bothy in the Byelaw and users seeking to rely on the exemptions for a bothy will need to be satisfied that the definition has been met.
Mountaineering club huts and similar accommodation: Club members or guests are treated as occupiers and may permit fires or barbecues unless restricted by booking terms.
There are further specific regulations and guidance for events and organised groups and exemptions allowing the use of specified camping stoves and gas barbeques.
The responsibility is placed on landowners, tenants, and occupiers to determine when and if fires or barbecues may be allowed with the overarching aim of ensuring that any fires or barbeques are used safely and are controlled.
Any permission given by a landowner to a tenant or occupier must be given in writing, which, for the purposes of the Byelaw, can include emails or electronic documents. There is no obligation to inform the Cairngorms National Park Authority about permissions granted, although those relying on such permission may be required to share it with the authority if called upon to do so. The evidence should include the dates and locations for the permitted activity.
The Byelaw is not a blanket restriction and does not remove the access rights to the Cairngorms National Park. It is a method of risk management taking account of context, permission, and control, preserving the public’s rights against the changing environment.
If you are affected by the issues raised in this article, please contact a member of Brodies Rural Business and Natural Capital team or your usual Brodies contact.
