Skip, Scaffold & Hoarding Licences: A Trade's Guide to Working on the Public Highway (2026)

The Core Principle: The Council Owns the Highway

The single rule that underpins everything below is simple: if you place anything on, over or under a public road, pavement (footway) or grass verge, you need permission from the local highway authority. That authority is your local council — the county council, unitary authority or, in London, the borough (Transport for London handles the red routes).

"The highway" is a wider term than most people realise. It is not just the tarmac of the road — it includes the pavement, the kerb, the grass verge and the airspace above. So a scaffold board cantilevering over the footway, a tower crane jib that oversails the road, or a skip parked half on the pavement and half on the carriageway all count as occupying the highway. The legal basis for most of this sits in the Highways Act 1980, with each occupation type covered by its own section and its own licence.

The customer cannot give you permission to use the highway, because it is not theirs to give. Only the council can. Get that fixed in your head and the rest follows.

Skip Licences (Highways Act 1980, Section 139)

If a skip is going to sit on the road or pavement — rather than entirely within the customer's driveway or land — it needs a skip permit under Section 139 of the Highways Act 1980. A skip placed wholly on private land does not need a licence, but the second any part of it overhangs the highway, the permit is required.

In most cases the skip hire company applies for and holds the licence — it is part of what you are paying them for, and reputable firms will not drop a skip on the road without one. But do not assume. Smaller or cheaper operators sometimes leave it to you, and if the skip is unlicensed it is the person who placed it (and sometimes the trade who ordered it) who carries the liability. Always confirm in writing who is arranging the permit before the skip arrives.

Skip licences come with non-negotiable conditions. The skip must be marked with the supplier's name and contact details. At night it must be lit and fitted with reflective markings, and most councils require traffic cones placed around it at dusk. There are usually limits on how long the skip can stay (commonly one to two weeks per permit, renewable), restrictions on what you can put in it, and rules about not blocking access, drains or sightlines. Typical council fees run from around £30 to £80 for the permit, plus a separate charge if the skip occupies a marked parking bay where a suspension is needed.

Scaffold and Highway Licences

When scaffolding stands on the pavement or road, or oversails it, you need a scaffold licence (also called a highway licence or a licence to deposit a structure under Section 169 of the Highways Act 1980). As with skips, scaffold built entirely within the property boundary does not need one — but most street-facing and terraced jobs require the scaffold to stand on the footway, so the licence is needed more often than not.

The scaffolder almost always applies for and holds this licence — it is a standard part of a professional scaffold quote, and the conditions attach to the structure they erect. The council will require a pedestrian walkway to be maintained past the scaffold (or a signed diversion if the footway is fully blocked), brick guards and debris netting to protect people below, adequate lighting and reflective markings at night, and protection padding on uprights at head height. Crucially, the council will demand proof of public liability insurance — typically £5 million of cover — before issuing the licence.

Even if the scaffolder handles the paperwork, you as the lead trade should see a copy of the licence and the insurance before work starts. If the scaffold goes up without a licence and someone trips, falls or is injured walking past it, the absence of a licence will be the first thing an insurer and a council enforcement officer look at.

Hoarding and Gantry Licences

On larger jobs — refurbishments, extensions or new builds that enclose part of the footway — you may need a hoarding licence. A hoarding is the timber or steel fence that screens off a construction site, and where it stands on or projects over the public footway it requires permission under Section 172 of the Highways Act 1980. A gantry — an overhead protective structure that lets pedestrians pass safely beneath the works — falls under similar provisions.

Hoarding licences usually carry conditions about maintaining a safe, lit pedestrian route, keeping the hoarding stable and well maintained, displaying contact details, and sometimes paying a fee based on the area of footway occupied and the duration. For longer projects the cost can run into hundreds or thousands of pounds because the charge is often calculated per square metre per week. Apply well ahead — hoarding applications can take longer to process than a simple skip permit because the council may want to inspect the proposed pedestrian arrangements.

Mixers, Materials, Plant and Oversailing Cranes

It is not only skips and scaffolds. Section 171 of the Highways Act 1980 covers depositing building materials, a cement mixer, plant or equipment on the highway — so a mixer left on the pavement overnight or a stack of blocks on the verge technically needs a licence or at least the council's consent. In practice councils enforce this most actively where the obstruction is significant or causes a hazard, but a mixer or materials left blocking a footway is exactly the kind of thing that draws a complaint and an enforcement visit.

Tower cranes raise a separate issue: oversailing. If a crane jib will swing over the public highway or over neighbouring land, you need an oversailing licence (and the neighbour's permission for private land). Crane operations over the road often also require a road or lane closure and a traffic management plan during lifts. This is specialist territory and is normally arranged by the main contractor or crane firm, but if you are the principal contractor on a small site it can land on you.

Road Closures and Traffic Management

Some work cannot be done safely without temporarily closing a footway, a parking bay or a traffic lane. Suspending parking bays, putting out cones and signs, or closing a lane requires a Temporary Traffic Regulation Order (TTRO) or a footway/lane closure agreed with the council, and the signing must follow the official Chapter 8 traffic management standards. These take time to arrange — sometimes weeks for a full road closure — so they are never a last-minute add-on. If your job needs the road shut for a lift, a large delivery or a span of scaffold across the carriageway, factor the lead time and cost into your programme from the start.

How a Highway Licence Differs From a Street Works Permit

People often confuse highway licences with street works permits — they are not the same thing. A street works permit is issued under the New Roads and Street Works Act 1991 (NRSWA) and applies when you dig into or excavate the highway itself — laying or repairing utilities such as gas, water, electricity, telecoms or drainage. That is the world of statutory undertakers and accredited operatives who hold a Street Works qualification.

The licences in this guide — skip, scaffold, hoarding, materials, oversailing — are about placing something on or over the highway without breaking its surface. If your work involves breaking out the road or pavement to dig down, you are into NRSWA permit territory and a different, more tightly regulated process. For most general building, roofing, scaffolding and refurbishment trades, it is the Highways Act 1980 licences that apply.

Quick Reference: Highway Licences for Trades

Penalties for Working Without a Licence

Treating highway licences as optional is a false economy. Placing a skip, scaffold or materials on the highway without the right permit is a criminal offence under the Highways Act 1980, and councils can and do prosecute. Fines can run into the thousands depending on the offence and the council, and there is often a fixed penalty or removal charge on top — the authority can lawfully remove an unlicensed skip or obstruction and bill you for it.

The bigger exposure is liability. If a pedestrian, cyclist or driver is injured because of an unlicensed and unmarked obstruction, you are on the hook for the claim — and your insurer may decline to cover you if you were operating illegally and outside the licence conditions. A skip with no night lighting that a cyclist hits in the dark, or a scaffold with no walkway that a wheelchair user is forced into the road to pass, is the kind of incident that ends in a serious injury claim with your name on it.

Practical Advice for a Working Trade

• Apply early. Skip and scaffold permits can sometimes be turned around in a few days, but hoarding licences, bay suspensions and road closures take weeks. Build the lead time into your programme.
• Confirm who applies in writing. Do not assume the skip or scaffold firm is handling it — get it in the order or quote. If nobody owns the permit, you do by default.
• Keep the licence and insurance on site. Have a copy of the permit and the public liability cover available to show a council enforcement officer or the customer. It also protects you if there is a dispute.
• Comply with every condition. Lighting, cones, walkways, brick guards and time limits are not suggestions — breaching them voids the licence and exposes you to the same penalties as having none at all.
• Check the local council's rules. Fees, application routes and conditions vary between authorities. Always apply to the council whose area the work is in.
• Renew before it lapses. If a job overruns, extend the permit before it expires rather than letting an unlicensed skip or scaffold sit on the highway.

Frequently Asked Questions

Do I need a licence if the skip is on my customer's driveway?

No. A skip placed entirely on private land does not need a highway permit. The licence is only required where the skip sits on, or overhangs, the public road, pavement or verge.

Who is responsible if an unlicensed skip causes an accident?

Liability generally falls on whoever placed the skip and ordered it. If the skip company failed to obtain a permit you arranged through them, responsibility can be shared — but if the trade placed an unlicensed skip directly, the trade carries it. This is why confirming who holds the permit in writing matters.

How long does a skip or scaffold licence last?

It varies by council, but skip permits are commonly issued for one to two weeks and scaffold licences for a set period that can be renewed. Always check the duration on the permit and extend it before it expires if the job overruns.

Is a scaffold licence the same as a street works permit?

No. A scaffold or highway licence is for placing a structure on or over the highway. A street works permit under NRSWA is for digging into or excavating the highway — utilities work. They are separate legal regimes with different requirements.

What insurance does the council require for a scaffold licence?

Most councils require proof of public liability insurance, commonly £5 million of cover, before issuing a scaffold or highway licence. The scaffolder normally provides this as part of their application.