Fracking UK: Laws, Risks & Current Moratorium
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Few energy topics divide opinion quite like hydraulic fracturing. Whether you own land near a proposed site, sit on a local planning committee, campaign on environmental issues, or work in the energy sector, the legal position around fracking in the UK is something you probably want to get your head around.
The picture has shifted considerably over the past decade, with moratoriums introduced, lifted, and reintroduced as governments have responded to seismic events, public concern, and changing energy priorities. This page pulls together the current legal framework governing shale gas extraction in England and Wales, the main risks regulators have flagged, and where things appear to be heading.
It is written as a general overview rather than tailored guidance, so if you have a specific situation in mind you may want to talk it through with someone.
Overview
Hydraulic fracturing is a technique for releasing oil and natural gas trapped within shale rock deep underground. A high-pressure mixture of water, sand and chemical additives is pumped down a well to crack open the rock, and the sand holds those cracks open so that hydrocarbons can flow back up to the surface.
The process has been used for decades in various forms, but the combination of horizontal drilling with high-volume fracturing made large-scale shale gas production commercially viable in countries such as the United States. In the UK, the geology is different, the population density is higher, and the regulatory regime is stricter, which has made commercial-scale fracking far harder to get off the ground.
Operations have been paused in England since 2019 following tremors at a site in Lancashire, with brief policy reversals that have not led to resumed drilling. Legally, the activity sits at the intersection of petroleum licensing, environmental permitting, water regulation, planning law and health and safety oversight.
Key steps
- Secure a petroleum exploration and development licence. Before anything else, an operator needs a PEDL from the Oil and Gas Authority (now the North Sea Transition Authority). This licence grants exclusive rights to search for and produce hydrocarbons in a defined area, but it does not on its own give permission to drill or frack.
- Obtain landowner access and surface rights. Holding a licence does not mean the operator can simply turn up on site. Surface access has to be negotiated with landowners, and underground access rights may also need to be addressed, drawing on the framework introduced by the Infrastructure Act 2015 for deep-level land use.
- Apply for planning permission from the local mineral planning authority. The site itself needs consent under the Town and Country Planning Act 1990. Applications usually trigger an environmental impact assessment, public consultation, and scrutiny of traffic, noise, landscape and cumulative impact concerns.
- Secure environmental permits from the regulator. In England, the Environment Agency issues permits covering groundwater protection, waste handling, mining waste, radioactive substances and emissions to air. In Wales, Natural Resources Wales plays the equivalent role, and conditions are typically detailed and site-specific.
- Satisfy well integrity, health and safety requirements. The Health and Safety Executive oversees well design and construction under the Borehole Sites and Operations Regulations and related rules. Operators must also comply with seismic monitoring protocols, and drilling cannot begin until consent to commence is granted.
Common questions
If you're dealing with this kind of situation, a call with an experienced legal adviser can help you work out the right next step — from £89.
Common questions
Q Is fracking currently allowed in the UK?
A moratorium on hydraulic fracturing in England has been in place since November 2019, following seismic activity at the Preston New Road site in Lancashire. The position was briefly reversed in 2022 and then reinstated. Scotland and Wales have taken their own stances against the practice. No commercial fracking is taking place at present, though the underlying licensing framework remains on the statute book.
Q Which regulator does what?
Responsibilities are split across several bodies. The North Sea Transition Authority handles petroleum licensing, the Environment Agency or Natural Resources Wales issues environmental permits, the Health and Safety Executive oversees well integrity and worker safety, and local mineral planning authorities decide planning applications. The British Geological Survey monitors seismic activity. This multi-agency approach is intentional, but it can make the consent process slow and complex.
Q Can fracking happen under my home without my consent?
The Infrastructure Act 2015 introduced a right of use for deep-level land, generally below 300 metres, allowing petroleum operators to pass through strata beneath private property without needing individual consent from each surface owner. Surface operations still require landowner agreement and planning permission. The deep access regime was controversial when introduced and remains a sensitive point in policy debates.
Q What are the main environmental concerns?
Regulators and campaigners have pointed to several issues: potential contamination of groundwater if well casings fail, fugitive methane emissions which contribute to climate change, the volume of water required, disposal of flowback fluid, noise and traffic from site operations, and induced seismicity. The UK's traffic light system for seismic monitoring is stricter than in many other jurisdictions, which is part of why sites have struggled to operate.
Q Does fracking affect property values?
Proximity to industrial energy sites can influence how buyers and mortgage lenders view a property, and some owners near proposed sites have reported difficulties. That said, because commercial fracking has not progressed in the UK, there is limited settled evidence on long-term effects. Anyone buying in an area covered by a petroleum licence may want to check local planning records and raise queries during conveyancing.
Q Could the moratorium be lifted again?
Energy policy shifts with political priorities and wider market conditions. The moratorium has been lifted and reimposed within the space of a few months before, so the position is not necessarily permanent. Any future attempt to restart operations would likely face the same combination of planning, environmental and seismic hurdles, along with significant local opposition in many of the areas covered by existing licences.
Q How does fracking differ from conventional oil and gas extraction?
Conventional extraction relies on hydrocarbons flowing naturally, or with modest assistance, from porous rock into a well. Fracking is used when the target rock, usually shale, is too dense for that to happen, so fractures have to be created artificially. This means higher water use, more chemicals, greater surface footprint per unit of gas produced, and a different risk profile, which is reflected in the tighter regulatory regime.
If you're dealing with this kind of situation, a call with an experienced legal adviser can help you work out the right next step — from £89.
Sources
This guide is based on primary UK law and official guidance.
- LegislationPetroleum Act 1998legislation.gov.uk
- LegislationInfrastructure Act 2015legislation.gov.uk
- LegislationTown and Country Planning Act 1990legislation.gov.uk
- Official SourceNorth Sea Transition Authoritynstauthority.co.uk
- Guidance · UK GovHealth and Safety Executive – onshore wellshse.gov.uk
Legal helpline
Questions about a fracking site near you?
Planning notices, licence areas and environmental permits can be hard to make sense of on your own, particularly when a proposed site is close to home or affects land you own. An experienced legal adviser can help you think through what the current rules mean for your specific situation based on what you describe on the call.
- Plain-English answers to your specific questions about fracking rules
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Legal disclaimer
This article is for general information only. It is a tool to help you find your way — not legal advice, and not a substitute for speaking to a qualified adviser about your situation.