The short answer is yes, in most places, for your own use. The longer answer depends on where you are, what you pick and why you are picking it. This guide covers the law in England and Wales, Scotland and Northern Ireland, the places where picking is banned, and the species you must never pick. It is general information, not legal advice, so always check the rules for the specific site.
Whatever the law allows, the safety rule is the same everywhere: never eat a wild mushroom unless an experienced local expert has confirmed its identity. See our guide to deadly mushroom lookalikes.
England and Wales: the Theft Act 1968
The key law is section 4(3) of the Theft Act 1968. It says that a person who picks mushrooms growing wild on any land does not steal what they pick, even if they are not in possession of the land, unless they do it for reward, for sale or for another commercial purpose. The Act defines "mushroom" to include any fungus.
In plain terms: picking wild fungi for your own kitchen is not theft. Picking them to sell, without the landowner's permission, can be.
Not being theft is not the same as having a right to be there. If you are on private land without permission, you may be trespassing and can be asked to leave, and a public footpath gives you a right to pass along it, not a right to forage beside it. The simple fix is to ask the landowner first.
The Theft Act (Northern Ireland) 1969 contains the same wording, so the same principle applies in Northern Ireland.
Commercial picking needs permission
Picking to sell, whether to restaurants, markets or wholesalers, needs the landowner's permission. Many major landowners, including the Woodland Trust, don't allow commercial foraging on their sites at all.
What about open access land? In England and Wales, the right to roam on mapped open country and registered common land comes with conditions, including a restriction on intentionally removing or damaging plants. How that applies to picking a few mushrooms has not been clearly settled, so treat it as a grey area: keep to small personal amounts, and follow any signs from the landowner or manager.
Byelaws: places where picking is banned
Local rules can ban picking even for personal use. Well-known examples:
- The Royal Parks in London, including Richmond Park and Bushy Park: their regulations forbid interfering with fungi without written permission, and police have issued warnings to pickers.
- Epping Forest: the City of London Corporation's byelaws ban picking fungi, and pickers have been fined and prosecuted.
- The New Forest: Forestry England has asked visitors not to pick fungi on the Crown lands, which are a Site of Special Scientific Interest (SSSI), and the National Trust has banned picking on its New Forest land.
- Woodland Trust sites: personal-use foraging is allowed on many sites, but some ask for no picking at all, and these are signposted.
Council parks, commons and nature reserves can have their own byelaws, usually displayed on signs at entrances or on the managing body's website.
SSSIs and nature reserves
On a Site of Special Scientific Interest, removing plants or fungi may need consent from the government conservation body: Natural England, Natural Resources Wales or NatureScot. Damaging the features a site is protected for can be an offence, and on some sites fungi are exactly those features. Nature reserves often ban picking or have special conditions, so check with the site manager before collecting anything.
Protected species: Schedule 8
The Wildlife and Countryside Act 1981 makes it an offence to intentionally pick, uproot or destroy any wild plant listed on Schedule 8, or to sell one, and for this Act fungi count as plants. In England and Wales, the four non-lichen fungi on Schedule 8 are:
| Species | Notes |
|---|---|
| Lion's mane, also called bearded tooth (Hericium erinaceus) | Listed in the Act as "hedgehog fungus", which is confusing: it is not the common edible hedgehog fungus (Hydnum repandum) |
| Royal bolete (Boletus regius) | Rare bolete with a pink-red cap |
| Sandy stilt puffball (Battarrea phalloides) | Rare, on dry, sandy soil |
| Oak polypore (Piptoporus quercinus) | Rare bracket on ancient oaks |
The same Act makes it an offence for anyone other than an "authorised person", such as the landowner, to intentionally uproot any wild plant, so never dig fungi up. In Scotland, NatureScot publishes the current Schedule 8 list, and the Scottish version of the offence also covers reckless damage. If you love lion's mane, grow it: see our lion's mane guide.
Scotland: different law
The Theft Act 1968 does not apply in Scotland. Instead, the Land Reform (Scotland) Act 2003 gives everyone a right of responsible access to most land, and the Scottish Outdoor Access Code explains how to use it. The Code states that customary picking of wild fungi and berries for your own consumption is not affected by the legislation.
Taking mushrooms for commercial purposes or profit is excluded from access rights, so it needs the landowner's permission. The Scottish Wild Mushroom Code sets out good practice: collect only what you will use, avoid rare species, and don't damage the ground. On SSSIs, consent from NatureScot may be needed.
Staying on the right side of the rules
- Know whose land it is, and ask the landowner or manager when you can.
- Read the signs at entrances and check the site's website for byelaws.
- Pick only for your own use, in small amounts. Codes such as the Scottish Wild Mushroom Code ask you to collect only what you will use.
- Never pick Schedule 8 species or anything you think might be rare.
- Don't uproot or dig, and avoid trampling sensitive ground.
- Leave politely if asked, even if you believe you are within your rights.
Quick checklist
| Situation | Allowed? | Notes |
|---|---|---|
| Picking for your own use, England, Wales, NI | Generally yes | Not theft, but trespass and site rules still apply |
| Picking for your own use, Scotland | Generally yes | Customary picking under the Access Code |
| Picking to sell | Only with permission | Without permission it can be theft (England, Wales, NI) |
| Royal Parks, Epping Forest | No | Banned by regulations and byelaws |
| SSSIs and nature reserves | Check first | Consent may be needed; many reserves ban picking |
| Lion's mane and other Schedule 8 fungi | Never | Criminal offence to pick or sell |
Check the local rules, every time
Wherever you live, the right question is not "is foraging legal?" but "is foraging allowed here?" Before you go, look for signs, check the land manager's website, and ask if you're unsure. Pick small amounts, leave plenty behind, and don't damage the ground. New to foraging? Start with our beginner's guide and our foraging calendar.
And if the rules where you live make foraging difficult, you can still have fresh gourmet mushrooms year-round: our guide to the easiest mushrooms to grow at home shows you how.