Do I need a permit for a skip or a licence for scaffolding on the road?
Yes. A skip on a public road needs the permission of the highway authority, and scaffolding that obstructs a highway needs a written licence from it. In practice you ask the local council, and the rules and fees differ from one council to the next.
Skips
The Highways Act 1980 says a builder's skip must not be put on a highway without the highway authority's permission. GOV.UK says to contact your local council for a skip licence, also called a skip permit. It covers skips and skip bags such as hippobags.
- In most areas the skip hire company applies. In some areas you have to apply yourself, so ask when you book.
- You cannot put a skip on the pavement.
- No licence is needed if the skip stands entirely on private land.
Lights, markings and conditions
Section 139 lets the council set conditions on a skip permit, including where the skip goes, its size, how it is painted so traffic can see it, how its contents are cared for and disposed of, how it is lit or guarded, and when it is removed.
Once a skip is permitted, the Act says its owner must make sure that:
- it is lit during the hours of darkness;
- it carries the owner's name and a telephone number or address, clearly and indelibly marked;
- it is taken away as soon as practicable after it is full;
- every condition of the permission is followed.
GOV.UK says reflective markings, cones and night-time lamps may be needed, and that missing lights and markings can bring a fine of up to £1,000. Contact the council for the exact rules in its area.
Scaffolding and hoarding
Section 169 says nobody may put up or keep scaffolding, or another structure that obstructs a highway, in connection with building work unless a written licence from the highway authority allows it, and the terms of the licence are followed. GOV.UK says the same for hoarding on a public highway, and counts the pavement as part of the highway.
GOV.UK says the builder or scaffolding company must get the licence. The client should check they have it and that it will not run out before the work is finished.
- If a council receives an application with the particulars it reasonably asks for, it must issue the licence unless the structure would cause unreasonable obstruction, or a less obstructive one could conveniently do the work.
- You can appeal a refusal, or the terms, to a magistrates' court.
- The licence holder must keep the structure lit between half an hour after sunset and half an hour before sunrise, and follow written directions on traffic signs.
- Breaking section 169 is an offence with a fine of up to level 5 on the standard scale.
GOV.UK also says that if there is a risk to the public, you should schedule scaffolding work for quiet times or get a highway closure from the council.
Applying
The permission comes from the highway authority, and GOV.UK tells you to apply to your local council. Both GOV.UK pages let you enter a postcode to find the right council.
Application forms, lead times, fees and conditions are set locally, so apply early, before the skip is booked or the scaffold is due to go up. Parts of the skip offence provisions in section 139 have been changed in London by a local Act, so check with the borough if you are working there.
Keep a copy of the permit or licence with the site paperwork, and note its start and end dates in the programme so a skip or scaffold does not stay on the road after its permission has run out.