Air Navigation (Restriction of Flying) (Ministry of Defence Prohibited Places) Regulations 2026: impact on UK health and safety law for duty holders

Air Navigation (Restriction of Flying) (Ministry of Defence Prohibited Places) Regulations 2026: what UK health and safety law means for duty holders and business operations

What has changed

The Regulations introduce new restrictions on flying within defined Ministry of Defence prohibited places. They apply to any operation that uses airspace near defence sites, including drones, aerial filming, surveying and similar activities conducted for business or organisational purposes. Organisations must determine whether planned operations fall within prohibited zones and obtain any necessary permissions or assurances before flight. The change reinforces governance around flight planning under UK health and safety law and HSE requirements.

Why this matters for your organisation

Flying in or near prohibited places carries heightened risk to staff, the public and national security. Non‑compliance may lead to enforcement action, operational disruption and reputational damage, while robust controls reduce the likelihood of incidents and liability under legal duties in UK health and safety law.

What organisations should do next

To meet the new expectations, consider the following actions:

1. Integrate an airspace check into every flight plan, including NOTAMs and MOD restricted zones.
2. Update risk assessments to reflect the new airspace controls and potential security implications.
3. Review operator and contractor competencies; ensure personnel are trained and competent to manage airspace risk.
4. Implement geofencing and other technology to prevent inadvertent incursions into prohibited spaces.
5. Align your management systems with the new requirements, including ISO 45001 where relevant, and document controls and oversight. ISO 45001 occupational health and safety management
6. Establish governance for ongoing monitoring of airspace changes and keep stakeholders informed. For practical support see health and safety risk assessments and Competent Person support.

Regularly review contractor arrangements and ensure alignment with applicable HSE requirements and legal duties. Guidance and practical support from Synergos Consultancy can help embed these controls within an effective health and safety management system. See health and safety support packages for structured assistance.

In summary, the update emphasises proactive governance of airspace risk and requires organisations to embed checks into flight planning, risk assessment and monitoring to maintain regulatory compliance under UK health and safety law.