Public Rights of Way
Stiles and Gates
Disclaimer: This page provides a general guide
to common problems on paths. It is not a comprehensive or
conclusive statement of the law nor of Bath & North East
Somerset's policy and all problems are dealt with on an individual
basis. If you have any specific queries on Rights of Way issues
please contact us via the details given.
To report a problem please contact the Public
Rights of Way team via the contact details given or complete
our online Problem
Report Form
Stiles and gates are a traditional part of the landscape. They
can be attractive and add interest in their own right to a walk or
a ride. Whilst their purpose is generally to control farm animals
from straying, they can be inconvenient to users or even prevent
people with mobility difficulties from using a path altogether. For
these reasons their use is controlled by law.
Owners of agricultural land, or land that is being brought into
use for agriculture, can install new stiles and gates (where there
were none previously) only if the structure is necessary to control
the movements of animals. Agriculture includes forestry and
the keeping of horses.

However, before installation can begin, the owner must apply for
authorisation from the council under s147 Highways Act 1980.
A downloadable guidance note and form is
available at the top right hand column of this page which should
be completed and returned to the PROW Team (PDF 53.9kb). It
is the Council’s practice only to authorise the “least
restrictive option”. This means that where there is a boundary,
a gap should be left for users of the path. If a gap is not
appropriate, for instance due to the presence of livestock, then
a suitable gate should be installed that is easy to operate by
all users that might reasonably be expected to use the path. For
instance, on a bridleway gates must be equipped with latches
that can be easily opened and closed by someone on horseback.
Stiles will only be considered acceptable where there is no
local need for easier access and an alternative structure cannot
be made suitably stock proof e.g. a self closing latched gate or
a kissing gate, or the terrain does not reasonably allow
it.
Once in place, such structures are the responsibility of the
landowner to maintain in a safe and convenient condition. If the
owner fails to do this, the council can take legal action including
repairing the structure itself and recover its costs. The Council
is obliged to meet 25% of the reasonable costs of maintaining
authorised stiles and gates. It normally does this by offering the
materials in lieu of a direct financial contribution and often will
also help with the labour required subject to the availability of
resources.
In order to make the path network more widely accessible, the
Council has a programme of replacing existing stiles with either
gaps or suitable gates in agreement with the landowner. Where there
is a particularly interesting design of stile or gate or one with
historic value then alternative solutions may be considered to
increase accessibility.