It has been 20 years since Scotland’s landmark right to roam came into force and it doesn’t just cover land; it extends to water too.
Canoeists and outdoor swimmers can take access to water in the same way that walkers and cyclists can on the ground for recreation, education and limited types of commercial activities. With the growing popularity of activities such as wild swimming and paddle boarding, it may be a worthwhile exercise to review the guidance on responsible behaviour set out in the Scottish Outdoor Access Code.
The Land Reform (Scotland) Act 2003 (the Act) established the legal framework for the right of access and covers most inland water, including rivers, lochs, reservoirs and canals. Access can be taken by non-motorised means such as canoeing, rafting, rowing and sailing. The public must exercise this access right responsibly and the Act places a duty on landowners to use and manage their land responsibly in respect of the access right.
The Act required the creation of the Scottish Outdoor Access Code (the Code) to provide guidance to the public and landowners on what acting responsibly means.
Whilst the Code is guidance, the Act provides that in determining whether a landowner is complying with their statutory duty to act responsibly, consideration will be given to whether the landowner has followed the guidance on responsible conduct set out in the Code.
For rivers, lochs and reservoirs, those taking access must not intentionally or recklessly disturb birds and other animals, pollute the water, or unreasonably interfere with the interests of other users. They should also follow any local byelaws and ensure that the river, loch or reservoir is appropriate for their activity and the number of people involved.
For the owners of rivers, lochs and reservoirs, the Code states:
- Indicating where people can best take access into the water can help minimise problems.
- Avoid putting fences from one side of a river to the other without reasonable cause or without installing gates at the sides or leaving a gap in rivers used by canoeists.
- Where appropriate, and where intensive recreational use causes safety, operational or environmental concerns, landowners should consider working with their local authority and/or recreation groups to determine what management measures might be needed. For example, to help identify areas for parking and launching sites.
The right of access over water does not extend to fishing but the Code sets out guidance on responsible behaviour around it.
The public should respect the needs of anglers by avoiding nets or other fishing tackle. When close to anglers, they should keep noise and other disturbance is a minimum. On lochs, the public are to keep a safe distance from anglers. On rivers or other confined waters, they are advised to wait for a signal from the angler or ghillie to proceed if they have a line in the water, and to follow any suggested route they indicate where it is safe and practicable to do so.
The Code says those exercising fishing rights should respect those exercising access rights responsibly. Anglers should be aware of other people who may be around, whether on water or land, when casting. Where landowners permit others to fish on their property, it is good practice to make them aware of the public’s right of responsible access.
The right to enjoy the outdoors is a balancing act between responsible public access, the economic benefits that it brings for rural areas, and the need for landowners and managers to be able to operate their enterprises safely and effectively. Changes to the right to roam are widely expected, taking into account new technology including the use of e-bikes and drones. It is hoped that any work to update the rules will appropriately balance these competing interests.
To help landowners navigate their responsibilities, we provide practical advice on their duty to act responsibly under the Act.
Published 23 October 2025
