Construction & Property

Get consent to dig in a public road in Scotland

To dig in a public road in Scotland, you need the roads authority's written consent or a permission to place apparatus, unless you are a utility with a statutory right. Utilities and their contractors must also notify through the Scottish Road Works Register and meet the Commissioner's rules on safety and reinstatement.

Scotland

Scotland has its own law on works in roads. It talks about road works, roads authorities and the Scottish Road Works Commissioner rather than the street works, highway authorities and permit schemes used in England. Which rules you follow depends on who you are and what you are putting in the road.

Work out which route applies

  • A utility, or a contractor working for one, placing or maintaining pipes, cables or ducts under a statutory right follows Part IV of the New Roads and Street Works Act 1991 and uses the Scottish Road Works Register.
  • Anyone without a statutory right who wants to place and keep apparatus in a road needs a permission from the road works authority under section 109 of that Act.
  • Anyone else who wants to carry out works in, or dig under, a public road, such as a contractor or property owner, needs the roads authority's written consent under section 56 of the Roads (Scotland) Act 1984.

The roads authority is the council for local roads and the Scottish Ministers for trunk roads.

Get consent or permission before you dig

Notify and work under the street works rules

Once you have authority to open the road, the Part IV duties apply to the works: notices in the register, safety, qualified people and reinstatement.

If the Commissioner contacts you

The Commissioner can inspect works and ask for information, and can issue a compliance notice if you are in breach. Keep your notices, reinstatement quality plan, qualification records and reinstatement records ready to show, because the defences in the Act depend on showing what you did.

  1. Work out your route

    Decide whether you rely on a statutory right, need a section 109 permission, or need section 56 consent from the roads authority.

  2. Apply before you dig

    Apply in writing to the council, or to the Scottish Ministers for a trunk road, and allow time for conditions to be set.

  3. Enter your notices in the register

    Give advance and starting-date notices through the Scottish Road Works Register within the required periods.

  4. Get your reinstatement quality plan approved

    Make sure a plan approved by the Commissioner is in the register before you break the road.

  5. Put qualified people on site

    Check that your supervisor and operatives hold valid, registered certificates for the work.

  6. Reinstate and report

    Reinstate to the specification, tell the authority whether the reinstatement is interim or permanent, and keep apparatus records up to date.

Official guidance