Construction & Property

Highway works and street works permits

How to obtain permits and comply with regulations when carrying out works on public highways in England and Wales. Covers notice periods, qualifications, Fixed Penalty Notices (doubled from January 2026), Section 50 licences, vehicle crossings, builders' skips, and Section 74 overrun charges.

UK-wide
Guide summary

You need permits or licences to work on public highways in England and Wales. The type depends on your work, like digging, resurfacing, or placing skips. Apply before starting - penalties double from January 2026.

  • Get a permit before digging or resurfacing roads
  • Apply for a Section 50 licence to place apparatus in the highway
  • Give 7 days notice for standard street works
  • Major works need 3 months notice plus 10 days
  • Emergency works require notice within 2 hours
  • Fixed Penalty Notices double from January 2026
  • Use the Highways Act 1980 and NRSWA 1991 guides
  • Penalties for obstruction can be up to £1,000
  • Check with your local highway authority for rules
  • Keep records of all permits and notices
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UK-wide

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If your business needs to carry out works on or affecting public highways, you will need permits, licences, or notices depending on the type of work. This includes:

  • Street works - digging up roads to install, maintain, or repair underground apparatus (cables, pipes, ducts)
  • Road works - works on the surface of the highway (resurfacing, patching, repairs)
  • Vehicle crossings - dropped kerbs to access your premises from the road
  • Temporary obstructions - scaffolding, hoardings, or builders' skips on the highway
  • New development - private streets that may need adoption, or apparatus connecting to utilities

Two main Acts govern highway works: the Highways Act 1980 and the New Roads and Street Works Act 1991 (NRSWA). Highway authorities are responsible for enforcement, and penalties have increased significantly from January 2026.

When you need a permit or notice

The requirement depends on what work you are doing and who you are:

  • Statutory undertakers (utility companies like gas, water, electricity, telecoms) have automatic rights to work on highways under NRSWA, but must give notice and obtain permits where permit schemes operate
  • Non-statutory undertakers (private businesses, contractors, developers) need a Section 50 licence to place any apparatus in the highway
  • Highway authorities (councils, National Highways) can carry out road works under their own powers but must coordinate with other works

Most areas in England now operate permit schemes rather than the older notice-only regime. Under permit schemes, you must apply for and receive a permit before starting works - you cannot simply give notice.

Street works notice periods

Even where permit schemes operate, notice periods set out in NRSWA 1991 form the basis of permit lead times. The required notice depends on the type and urgency of works:

For major works lasting 11 days or more, permit schemes require 3 months advance notice of intent, plus a minimum 10 working days before the planned start date. This allows highway authorities to coordinate multiple works and minimise disruption.

For standard works (4-10 days), you typically need 10 working days notice. For minor works (1-3 days), 3 working days notice is usually sufficient.

In genuine emergencies (gas leak, burst water main, safety hazard), works can begin immediately and notice given within 2 hours. However, falsely claiming emergency status to avoid proper notice is a serious offence.

Street works qualifications (SWQR)

Anyone supervising or carrying out street works must hold valid qualifications registered on the Street Works Qualifications Register. This is a legal requirement under Section 67 of NRSWA 1991, and working without qualified personnel is an offence.

Before starting any street works, check that your supervisors and operatives hold current SWQR cards. Cards must be renewed every 5 years through reassessment - expired cards are not valid.

The Location and Avoidance of Underground Apparatus (LA) unit is mandatory for everyone. This covers the critical safety procedures for avoiding strikes on buried cables and pipes - the single greatest risk in street works.

If you are hiring contractors, verify their SWQR qualifications before they start work. You can be held responsible if unqualified workers carry out street works on your behalf.

Fixed Penalty Notices - doubled from January 2026

The financial consequences of non-compliance increased significantly from 5 January 2026. Fixed Penalty Notice (FPN) amounts were doubled under the Street and Road Works (Charges and Penalties) (Amendments) (England) Regulations 2025.

FPNs can be issued for various offences including:

  • Working without a valid permit (the most serious, up to 1,000 pounds)
  • Breaching permit conditions (working outside permitted hours, incorrect signing)
  • Working without qualified personnel
  • Failing to give proper notice
  • Incorrect or late registration of works
  • Poor reinstatement quality

The discounted rate applies if you pay within 29 days. After 29 days, the full rate applies. FPNs are an alternative to prosecution - they do not result in a criminal record if paid, but repeated offences may lead to prosecution.

Section 50 licences for apparatus in highways

If you are not a statutory undertaker (utility company), you need a Section 50 licence from the highway authority before you can place any apparatus in the highway. This includes:

  • Private utility connections (gas, water, electricity, broadband)
  • Telecommunications cabinets or ducting
  • Private drainage connections to public sewers (where these cross the highway)
  • Any other equipment, cables, or pipes in or under the highway

The licence will specify conditions you must comply with, including:

  • Permitted working hours (often restricted on traffic-sensitive streets)
  • Traffic management requirements
  • Reinstatement standards (how you must make good the road surface)
  • Insurance and indemnity requirements
  • Inspection access for the highway authority

Section 50 licences typically remain in force for the life of the apparatus. However, if you remove the apparatus or it falls into disuse, you may need to remove it and reinstate the highway.

Vehicle crossings and dropped kerbs

If you need a vehicle access point (dropped kerb) to cross the footway from the road to your premises, you must apply to the highway authority under Section 184 of the Highways Act 1980. You cannot simply drop the kerb yourself.

When you need a vehicle crossing:

  • Creating a new vehicle access to your business premises
  • Widening an existing access
  • Converting a residential property to business use with vehicle access needs

Application process:

  1. 1

    Check if you need planning permission

    Vehicle crossings may require planning permission as well as highways consent, particularly in conservation areas or if the access creates a new junction. Check with your local planning authority first.

  2. 2

    Apply to the highway authority

    Submit an application to your local council's highways team. You will need to show the proposed location, width, and any changes to the footway or drainage. Fees vary by authority but typically range from 150 to 300 pounds for the application.

  3. 3

    Site inspection

    The highway authority will inspect the site to check visibility, safety, and whether the crossing is acceptable. They may refuse if the access would be dangerous or obstruct visibility at a junction.

  4. 4

    Construction

    If approved, you can either pay the council to construct the crossing or (in some areas) use an approved contractor. The highway authority will specify construction standards. DIY dropped kerbs are not permitted.

  5. 5

    Inspection and completion

    The highway authority will inspect the completed crossing to ensure it meets standards. Only then is the crossing authorised for use.

Costs: The full cost of a vehicle crossing typically ranges from 1,500 to 4,000 pounds depending on width, surface type, and whether drainage needs relocating. The cost is borne by the property owner, not the council.

Refused applications: The highway authority can refuse if the crossing would be dangerous, obstruct visibility, or cause excessive damage to street trees or utilities. There is no statutory appeal against a refusal of a vehicle crossing request - if you believe the refusal is unreasonable, use the council's complaints procedure or seek legal advice on challenging the decision.

Control of builders' skips deposited on the highway

Placing a builders' skip on the public highway requires permission from the highway authority under Section 139 of the Highways Act 1980. It is an offence to place a skip on the highway without permission, even briefly.

Requirements for skip permits:

  • Reflective markings: Skips must display amber reflective markings visible to traffic approaching from either direction
  • Lighting at night: Skips must be lit at night with amber lights at each end
  • Owner identification: The skip must display the owner's name, address, and telephone number
  • Positioning: Skips must be positioned to minimise obstruction and danger
  • Removal: The highway authority can require removal at any time if the skip causes obstruction or danger

Permit costs and duration: Fees vary by council, typically 20-50 pounds per week. Permits are usually issued for 14 days at a time. Longer periods require renewal.

Liability: The skip owner remains liable for any accidents caused by the skip, even if properly permitted. Ensure your public liability insurance covers skips on the highway.

Section 74 overrun charges - now including weekends

If your street works overrun the agreed completion date, the highway authority can charge daily penalties under Section 74 of NRSWA 1991. From January 2026, these charges apply to every day of delay including weekends and bank holidays.

The change to include weekends and bank holidays significantly increases the financial risk of overrunning. A works that overruns by one week now incurs 7 days of charges rather than 5.

Avoiding overrun charges:

  • Build contingency time into your work schedule
  • Apply for permit variations early if problems arise
  • Ensure adequate materials and plant are available to complete on time
  • Factor in weather delays - particularly for reinstatement works
  • Communicate proactively with the highway authority about any issues

Lane rental charges

In some areas, highway authorities charge lane rental for works on traffic-sensitive streets during peak hours. This is separate from permit fees and overrun charges, and is designed to incentivise off-peak working and faster completion.

Lane rental schemes currently operate in London (TfL), Kent, Surrey, and other high-traffic areas. The charge applies to the time your works occupy road space, typically at peak traffic times (7am-10am and 4pm-7pm weekdays).

You can reduce lane rental costs by:

  • Working at night or weekends when charges may not apply
  • Completing works faster than the standard duration
  • Using trenchless technology that minimises excavation
  • Collaborating with other undertakers to share excavations

Private street adoption

If your business is located on a private street (one not maintained at public expense), you may need to understand the adoption process. This is particularly relevant for new developments where roads have not yet been adopted.

Section 38 agreements: Most new developments include a Section 38 agreement with the highway authority, under which the developer builds roads to adoptable standard and the authority agrees to adopt them on completion. A bond is usually required to guarantee completion.

Why adoption matters for businesses:

  • Maintenance costs: If the street is not adopted, frontagers (including your business) may be liable for maintenance costs
  • Access reliability: Adopted roads are maintained by the council; private roads may deteriorate if maintenance is not funded
  • Utility connections: Some utility companies are reluctant to provide services to properties on unadopted roads
  • Property value: Businesses on unadopted streets may face valuation issues

If you are purchasing business premises on an unadopted road, check whether a Section 38 agreement exists and when adoption is expected. Your solicitor should investigate this during due diligence.

Scaffolding and hoardings

If construction or maintenance work on your premises requires scaffolding or hoardings that project over the public highway, you need a licence from the highway authority under Section 169 (scaffolding) or Section 172 (hoardings) of the Highways Act 1980.

Requirements:

  • Licence application: Apply to your local council's highways licensing team at least 14 days before erection
  • Covered walkway: If scaffolding overhangs a footway, you may need to provide a covered walkway for pedestrians
  • Lighting: Scaffolding must be lit at night with warning lights
  • Public liability insurance: Typically 5-10 million pounds minimum
  • Fees: Vary by council and duration, typically 100-500 pounds plus a daily or weekly charge

Penalties for highway obstruction

Beyond Fixed Penalty Notices for street works offences, the Highways Act 1980 creates various obstruction offences that can apply to businesses:

  • Wilful obstruction (Section 137): Obstructing free passage along a highway without lawful authority. Maximum fine: level 3 (currently 1,000 pounds)
  • Depositing items on highway (Section 148): Placing materials, goods, or equipment on the highway without permission. This includes deliveries left blocking the footway
  • Dangerous vegetation (Section 154): Allowing hedges, trees, or shrubs from your premises to overhang the highway causing danger or obstruction - the authority can require you to cut them back
  • Dangerous excavations (Section 165): Leaving unfenced or unlit excavations adjacent to the highway

Highway authorities and police can take enforcement action including prosecution for repeated or serious obstruction. If obstruction causes an accident, you could face civil liability for damages.

Planning your highway works

Before undertaking any highway works, follow this checklist:

  1. 1

    Identify the type of work and applicable regime

    Determine whether you need a street works permit, Section 50 licence, skip permit, vehicle crossing consent, or scaffolding licence. Different works require different applications to different parts of the highway authority.

  2. 2

    Check qualification requirements

    If the work involves excavating or working in the carriageway, ensure supervisors and operatives hold valid SWQR cards. Check card expiry dates before work begins.

  3. 3

    Calculate notice periods and lead times

    Work backwards from your required start date. Major works may need 3 months advance planning. Even minor works need several working days notice.

  4. 4

    Prepare traffic management plans

    Most permits require a traffic management plan showing signing, guarding, and any lane closures. Use New Roads and Street Works Act approved signing.

  5. 5

    Check insurance requirements

    Highway authorities typically require 5 to 10 million pounds public liability insurance as a condition of a Section 50 licence (the level is authority practice, not a statutory figure). Other works may have different requirements. Check your policy covers highway works.

  6. 6

    Budget for all costs

    Include permit fees, lane rental (if applicable), potential overrun charges, reinstatement costs, and traffic management equipment. Costs can escalate quickly if works overrun.

  7. 7

    Coordinate with other undertakers

    Check whether other utilities are planning works in the same location. Coordinating works can reduce disruption and may reduce permit fees.