Guide summary

Apply to the street authority, usually the council's highways team, before you start work
Placing apparatus in a street without a statutory right or licence is an offence, with a fine up to level 5
Where a permit scheme runs, you must get a permit before work starts instead of giving notice
In an emergency you can start work straight away and give notice afterwards
Have a qualified supervisor and at least one qualified operative on site when works break up the street
Renew street works qualification cards every 5 years; staff must be able to read and write in English
In England, working without a permit has a fixed penalty of £1,000, or £600 if discounted, from 5 January 2026
Overrun charges now apply to weekends and bank holidays from 5 January 2026, up to £10,000 per day

Street works are works to place, inspect, repair or remove pipes, cables, ducts and other apparatus in or under a public road or pavement. Utility companies and other statutory undertakers have a legal right to carry them out, but must still give notice or get a permit first. Anyone else, such as a business laying a private cable, duct or pipe, needs a street works licence under Section 50 of the New Roads and Street Works Act 1991.

Get a Section 50 licence

Apply to the street authority, usually the council's highways team, before you start. A licence lets you place or keep apparatus in the street, and later inspect, repair, move or remove it, including breaking up the road and reinstating it afterwards. It does not replace any other consent you need, and the authority can attach conditions.

Placing apparatus in a street, or breaking it open to work on apparatus, without a statutory right or a licence is an offence with a fine of up to level 5. The authority can also order you to remove the apparatus and reinstate the street, and recover its costs if you do not.

Get a permit or give notice

Street Works Permit Scheme Fee Structure

Permit fees, fee caps and variation charges for street works permit schemes in England under the Traffic Management Act 2004, Part 3. Permit schemes replace the NRSWA 1991 notice-only system in participating highway authority areas.

In England, Part 3 of the Traffic Management Act 2004 lets local highway authorities and National Highways run permit schemes for street works and road works. Under a permit scheme, you must apply for and receive a permit before starting works, rather than simply giving notice under the New Roads and Street Works Act 1991. The permit authority can charge for issuing a permit, for an application where the scheme needs a provisional advance authorisation, and for each variation of a permit or its conditions. Each scheme sets its own fees and discounts within the maximums in the 2007 Regulations.

Legal basis (primary): Traffic Management Act 2004, Part 3
Legal basis (secondary): SI 2007/3372, as amended
Maximum fee, permit issue: £240
Maximum fee, provisional advance authorisation: £105
Maximum fee, each variation: £45
Relationship to NRSWA 1991: Replaces notice-only system where a scheme runs
Permit authorities: Local highway authorities and National Highways

Street Works Permit Schemes in Wales

Permit schemes for street works in Wales under the Traffic Management Act 2004, Part 3, and the Traffic Management Permit Scheme (Wales) Regulations 2009, including the maximum fees a scheme can charge.

In Wales, a local highway authority, alone or with others, can prepare a street works permit scheme and submit it to the Welsh Ministers under Part 3 of the Traffic Management Act 2004. Where a scheme runs, you must get a permit before starting works instead of giving notice under the New Roads and Street Works Act 1991. The Traffic Management Permit Scheme (Wales) Regulations 2009 let the permit authority charge for issuing a permit, for an application needing a provisional advance authorisation, and for each variation, within set maximums.

Legal basis: TMA 2004 Part 3; SI 2009/1267 (W. 114)
Maximum fee, permit issue: £240
Maximum fee, provisional advance authorisation: £105
Maximum fee, each variation: £45
Approval: Welsh Ministers

Where no permit scheme operates, you give notice under the 1991 Act instead. In an emergency you can start work straight away and give notice afterwards.

Use qualified supervisors and operatives

Where works break up the street or tunnel or bore under it, a qualified supervisor must supervise them and at least one qualified operative must be on site at all times. Failing to secure this is an offence with a fine of up to level 5. If you hire a contractor, check their qualifications before work starts.

Street Works Qualifications (SWQR)

Qualification requirements for supervisors and operatives carrying out street works.

Under Section 67 of NRSWA 1991, supervisors and operatives carrying out street works must hold appropriate qualifications registered on the Street Works Qualifications Register (SWQR). Qualification cards must be renewed every 5 years.

SWQR card validity: 5 years
Operative qualification units: 9 units
Supervisor qualification units: 8 units (plus shared Location & Avoidance unit)
Awarding organisations: SQA, Lantra, City & Guilds, CABWI
Renewal requirement: Knowledge test reassessment before card expiry
Language requirement: Must be able to read and write in English

Qualification units

Units cover specific work types and safety requirements. Unit LA (Location & Avoidance of Underground Apparatus) is compulsory for both operatives and supervisors. Other units cover excavation, reinstatement, signing and guarding, and specialist activities.

Street works qualifications guidance (opens in a new tab)

Fixed penalties

Street Works Fixed Penalty Notices (2026 Rates)

Doubled Fixed Penalty Notice amounts for street works offences from 5 January 2026 in England.

The Street and Road Works (Charges and Penalties) (Amendments) (England) Regulations 2025 doubled Fixed Penalty Notice (FPN) amounts in England from 5 January 2026. The penalties apply to utility companies, contractors and any undertaker carrying out street works in England.

The higher amounts cover working without a permit and breaching permit conditions under the Traffic Management Permit Scheme (England) Regulations 2007, and notice offences under the New Roads and Street Works Act 1991.

Working without permit (full): £1,000 (was £500)
Working without permit (discounted): £600 (was £300)
Breach of permit conditions (full): £240 (was £120)
Breach of permit conditions (discounted): £160 (was £80)
NRSWA notice offences (full): £240 (was £120)
NRSWA notice offences (discounted): £160 (was £80)
Effective from: 5 January 2026

Street and Road Works (Charges and Penalties) (Amendments) (England) Regulations 2025 (opens in a new tab)

Street works fixed penalty notices in Wales

Fixed penalty amounts for street works notice offences in Wales under the Street Works (Fixed Penalty) (Wales) Regulations 2008.

In Wales, a street authority can give a fixed penalty notice for street works notice offences under the New Roads and Street Works Act 1991. The Street Works (Fixed Penalty) (Wales) Regulations 2008 set the penalty at £120, reduced to £80 if you pay within the discount period.

The offences include failing to give advance notice or notice of the starting date, failing to give notice of emergency works, failing to give notice of completion of reinstatement, and failing to give notices about works that overrun. A notice cannot be given more than 91 days after the offence.

Full penalty: £120
Discounted penalty: £80
Discount period: 29 days
Full payment period: 36 days
Time limit for notice: 91 days after the offence

Street Works (Fixed Penalty) (Wales) Regulations 2008 (opens in a new tab)

Charges if your works overrun

Section 74 Overrun Charges (Extended 2026)

Daily penalties for street works that overrun their agreed end date, now including weekends and bank holidays from January 2026.

Section 74 of NRSWA 1991 allows highway authorities to charge daily penalties when street works overrun their agreed end date. From 5 January 2026, these charges apply to any day of delay including weekends and bank holidays, not just working days.

Maximum daily charge: Up to £10,000 per day
Change from January 2026: Now applies to weekends and bank holidays (previously working days only)
What triggers charges: Works running beyond agreed permit/notice end date
Charge varies by: Street category, duration of overrun, traffic sensitivity
Effective from: 5 January 2026 (extended scope)

Impact on contractors

The extension of overrun charges to weekends and bank holidays significantly increases the financial risk of delays. Contractors should build contingency into work schedules and ensure adequate resources to complete on time.

Code of practice for co-ordination of street works (December 2025) (opens in a new tab)

Build contingency into your programme, apply early to vary a permit if problems arise, and keep the authority informed.

Lane rental

Lane Rental Maximum Daily Charge

Maximum daily lane rental charges for street works on traffic-sensitive streets.

Lane rental schemes allow highway authorities to charge for the time that street works occupy road space on traffic-sensitive streets. The scheme is designed to incentivise works outside peak times and faster completion.

Maximum daily charge: £2,500 per day
Applies to: Works on traffic-sensitive streets at peak times
Charge set by: Individual highway authorities (varies within maximum)
Operating areas include: London (TfL), Kent, Surrey, West Sussex and other areas
Use of net proceeds (from 5 January 2026): 50% to reducing street works disruption; 50% to highway maintenance

Lane rental schemes guidance (opens in a new tab)

Plan your works

Confirm which consent you need

Check whether the authority runs a permit scheme, and whether you need a Section 50 licence because you are not a statutory undertaker.
Check qualifications

Confirm that your supervisors and operatives, and your contractor's, hold current street works qualifications.
Work back from your start date

Allow for the advance notice or permit lead time for the category of works.
Prepare a traffic management plan

Show the signing, guarding and any lane closures the works will need.
Budget for every charge

Include permit or licence fees, any lane rental, reinstatement and traffic management, and allow for overrun charges if the works run late.
Co-ordinate with other works

Check whether others plan works in the same street, so that you can share an excavation or avoid a clash.

Legal basis

Primary legislation and key regulations

Traffic Management Act 2004 Primary 2004 · UK-wide New Roads and Street Works Act 1991 Primary 1991 · UK-wide Street and Road Works (Charges and Penalties) (Amendments) (England) Regulations 2025 SI 2025 · England The Street Works (Registers, Notices, Directions and Designations) (England) Regulations 2007 SI 2007 · England & Wales The Traffic Management Permit Scheme (Wales) Regulations 2009 Welsh SI 2009 · Wales The Street Works (Fixed Penalty) (Wales) Regulations 2008 Welsh SI 2008 · Wales The Street Works (Fixed Penalty) (England) Regulations 2007 SI 2007 · UK-wide The Traffic Management Permit Scheme (England) Regulations 2007 SI 2007 · England

Browse UK legislation legislation.gov.uk

Official guidance

Design Manual for Roads and Bridges (DMRB) (opens in a new tab)

www.standardsforhighways.co.uk

High court leaflet for rights of way casework (opens in a new tab)

Planning Inspectorate · England and Wales

Manual for Streets (DfT) (opens in a new tab)

Publication · DfT

Planning Practice Guidance - Transport (DLUHC) (opens in a new tab)

MHCLG · England and Wales

Rights of way guidance booklet (opens in a new tab)

Planning Inspectorate · England

Approved Document H: drainage and waste disposal (opens in a new tab)

Publication · MHCLG · England

Get a street works permit or Section 50 licence

Get a Section 50 licence

Get a permit or give notice

Use qualified supervisors and operatives

Fixed penalties

Charges if your works overrun

Lane rental

Plan your works

Confirm which consent you need

Check qualifications

Work back from your start date

Prepare a traffic management plan

Budget for every charge

Co-ordinate with other works

Legal basis

Official guidance

Related guides in Planning Permission

Apply for a dropped kerb to your premises

Skip and scaffolding permits on the road

Adopt new roads and streets for developers

Get consent to dig in a public road in Scotland

Reinstatement standards for highway works