Journey
Respond to highway works penalties and enforcement
What to do when you receive a Fixed Penalty Notice, Section 74 overrun charge, or reinstatement defect notice for street works. Covers payment deadlines, early payment discounts, how to challenge penalties, and steps to prevent repeat offences.
If you have received a penalty notice, overrun charge, or defect notice from a highway authority, you need to identify the type of enforcement action, understand your deadlines, and decide whether to pay, challenge, or correct the issue. This guide takes you through each scenario.
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Identify your penalty type
Highway authorities use several enforcement mechanisms for street works non-compliance. The action you need to take depends on which type you have received:
- Fixed Penalty Notice (FPN) - a set fine for a specific offence such as working without a permit, breaching permit conditions, or failing to give proper notice
- Section 74 overrun charge - a daily charge for works that run beyond the agreed end date on your permit or notice
- Reinstatement defect notice - a requirement to correct substandard reinstatement work within a prescribed period
- Lane rental charge - a daily charge for occupying road space on traffic-sensitive streets at peak times
Check the paperwork you have received carefully. It should state the legal basis, the amount owed, and any deadline for payment or response.
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If you have received a Fixed Penalty Notice
From 5 January 2026, FPN amounts doubled for street works notice and permit offences in England. The most common FPNs relate to working without a permit, breaching permit conditions, and failing to give required notices.
Highway works and street works permits
Full guide to permit requirements, notice periods, and obligations that trigger FPNs when breached
How to challenge an FPN
You can challenge an FPN by making representations to the highway authority in writing before the payment deadline. Common grounds for challenge include:
- The offence did not occur as described
- You had a valid permit or notice in place at the time
- The authority made a procedural error in issuing the FPN
- The works were genuinely emergency works and you gave notice as soon as reasonably practicable
If the authority rejects your representations, you may still choose to pay within the discount period (if time remains) or face prosecution. Keep all evidence including permits, notices, site records, and photographs.
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If you face Section 74 overrun charges
Section 74 of NRSWA 1991 allows highway authorities to charge daily penalties when works overrun their agreed end date. From 5 January 2026, these charges apply to every day of overrun including weekends and bank holidays.
How to reduce or avoid overrun charges
- Apply for an extension before the deadline: If you know works will overrun, apply for a permit variation before the original end date. A variation costs up to 45 pounds - far less than daily overrun charges
- Challenge the charge: If the overrun was caused by circumstances outside your control (such as unexpected ground conditions or third-party delays), make representations to the highway authority with evidence
- Check the calculation: Verify the number of overrun days and the daily rate applied. Errors in calculation do occur
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If you have received a reinstatement defect notice
Highway authorities inspect reinstatements during the guarantee period and issue defect notices when standards are not met. You are legally responsible for correcting defects at your own cost, even if a subcontractor carried out the reinstatement.
Reinstatement standards for highway works
SROH reinstatement categories, materials specifications, guarantee periods, and inspection requirements
Defect correction timescales
- Safety defects: Must be made safe within 2 hours of notification. Permanent repair follows within the prescribed period
- Other defects: Must be permanently corrected within 10 working days of receiving the defect notice (or the period specified in the notice)
- Guarantee periods: 2 years for standard excavations, 3 years for deep excavations over 1.5 metres
If the highway authority takes cores or samples and your reinstatement fails to meet SROH requirements, you bear the cost of the coring. If it passes, the authority bears the cost.
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Prevent repeat offences
Repeat failures attract increased scrutiny from highway authorities. Some authorities operate enhanced inspection regimes for undertakers with poor compliance records. Taking corrective action now reduces your risk of further penalties.
Key steps to improve compliance
- Audit SWQR qualifications: Verify all operatives and supervisors hold valid cards covering the correct units. Cards must be renewed every 5 years
- Review permit processes: Ensure permits are applied for with sufficient lead time and that variations are requested before changes occur on site
- Improve reinstatement quality: Brief gangs on SROH requirements for the specific road category. Common failures are compaction, surface matching, and edge finish
- Build programme contingency: Allow buffer time in work programmes so that overruns are less likely. Apply for extensions early if delays are foreseeable
- Keep site records: Photograph reinstatements, record permit numbers, log working hours, and retain all correspondence with the highway authority