Do you need a licence for scaffolding on the pavement?

Short answer

If the scaffold stands on or over the pavement or the road, yes. It needs a licence from the council before it goes up. The rule is the same in every town we cover. Who applies, how much notice the council wants and how long the licence lasts all depend on the council.

Checked against each council’s own website on . Rules change, so check the council’s page before you rely on any of it.

At a glance

The seven councils that cover the 17 towns we work in. Fees are left out on purpose: they change, and each council lists its own.

CouncilTownsWho appliesNotice or turnaroundHow long it lasts
Newport City CouncilNewportNot spelled out on the pageShould be issued within five working daysA set period, then it comes down or gets extended
Cardiff CouncilCardiffAsk when you get a quoteNot checkedNot checked
Torfaen County Borough CouncilCwmbran, PontypoolThe scaffolding company. Not issued to the publicAt least 24 hoursNot stated on the page
Caerphilly County Borough CouncilCaerphilly, Risca, Blackwood, Ystrad MynachThe scaffolding company, not the customerA decision within 48 hours of applying30 days, then reapply with 48 hours’ notice
Monmouthshire County CouncilChepstow, Caldicot, Abergavenny, Usk, MonmouthThe form takes the scaffolding company’s detailsAt least 5 working daysThe dates on the form. Extensions need 5 working days’ notice
Blaenau Gwent County Borough CouncilEbbw Vale, AbertilleryAsk when you get a quoteNo council page foundNo council page found
Vale of Glamorgan CouncilPenarth, BarryThe scaffolding contractor. Owners can’t applyAt least 1 working day, with a decision within 1 working dayOne month, then a new licence

What the law says

The rule comes from section 169 of the Highways Act 1980. In plain words:

  • Nobody may put up or keep scaffolding on or over a highway, where it gets in the way, without a written licence from the highway authority. For the towns on this page, that’s the council.
  • The council has to grant the licence unless it thinks the scaffold would cause an unreasonable obstruction, or that a different design would get in the way less and still do the job.
  • Whoever holds the licence has to make sure the scaffold is properly lit between half an hour after sunset and half an hour before sunrise, and follow the council’s directions about traffic signs.
  • Breaking the rule, or the terms of the licence, is an offence that carries a fine.
Read section 169 on legislation.gov.uk 

Newport City Council

Covers Newport

  • You must get a licence before putting up scaffolding on or over a public highway.
  • The application needs a site location plan, a dimensioned elevation plan, and any special measures in place to keep the public safe. The council also asks for a copy of public liability insurance, with a minimum of £5 million cover.
  • The licence should be issued within five working days, and comes with conditions to protect the public.
  • It’s issued for a set period. By the end of it the scaffold has to be safely taken down, or an extension applied for.
  • The council says not to start putting the scaffold up until the licence arrives.
Newport City Council: scaffolding and hoarding licence 

Cardiff Council

Covers Cardiff

  • Cardiff Council’s own page couldn’t be opened when this guide was checked, so we haven’t repeated any Cardiff detail here.
  • The law is the same as everywhere else on this page: section 169 of the Highways Act 1980 says scaffolding on or over a highway needs a written licence from the highway authority, and in Cardiff that’s the council.

No Cardiff page is linked because we couldn’t open it to check. Ask us about the licence when we quote for a Cardiff job.

Torfaen County Borough Council

Covers Cwmbran and Pontypool

  • All scaffolding on the public highway must have a permit, and it’s the job of the company providing the scaffolding to ask the council for it.
  • A permit won’t be issued to a member of the public. The company has to send a copy of its liability insurance before the permit is approved.
  • The council wants at least 24 hours’ notice, and the scaffold has to be clearly marked with the owner’s name, address and a 24 hour emergency phone number.
  • Its conditions include 2.1 metres of headroom, at least 300mm from the kerb line, a way through kept open for people on foot, and danger lamps on the whole structure through the hours of darkness.
  • The council has to be told when the scaffold comes down, and any damaged footway has to be put right. Without a permit, the company may be liable for prosecution.
Torfaen County Borough Council: scaffolding and hoarding permits 

Caerphilly County Borough Council

Covers Caerphilly, Risca, Blackwood and Ystrad Mynach

  • Any scaffolding that encroaches onto or over the highway needs a licence from the council.
  • The council says it isn’t the customer’s job (or their contractor’s) to apply. It’s up to the scaffolding company to make sure the licence has been applied for and granted.
  • Work mustn’t start until the paperwork and a sketch are done and the licence has been given.
  • Conditions include 2.1m of headroom with full overhead cover, 1.2m of footway kept clear for people walking past, danger lights in the dark, and the scaffold coming down as soon as the work is finished.
  • The council aims to tell you its decision within 48 hours. The permit lasts 30 days from confirmation, and if the scaffold is still needed after that, you reapply with 48 hours’ notice.
Caerphilly County Borough Council: scaffolding and hoarding 

Monmouthshire County Council

Covers Chepstow, Caldicot, Abergavenny, Usk and Monmouth

  • The council’s application to put scaffolding on the public highway is made under section 169 of the Highways Act 1980.
  • The form goes back with a detailed plan of where the scaffolding will stand, at least five working days before it’s due to go up.
  • It asks for the name of the scaffolding company, the address of the job and the dates it’s needed from and to.
  • A licence can be extended, again with at least five working days’ notice.
Monmouthshire County Council: application to erect scaffolding (PDF) 

Blaenau Gwent County Borough Council

Covers Ebbw Vale and Abertillery

  • We searched Blaenau Gwent County Borough Council’s website for a scaffolding licence page when this guide was checked, and couldn’t find one. So we haven’t repeated any Blaenau Gwent detail here.
  • The law is the same as everywhere else on this page: section 169 of the Highways Act 1980 says scaffolding on or over a highway needs a written licence from the highway authority, and in Ebbw Vale and Abertillery that’s usually the council.

No Blaenau Gwent page is linked because we couldn’t find one on the council’s website. Ask us about the licence when we quote for a job in Ebbw Vale or Abertillery.

Vale of Glamorgan Council

Covers Penarth and Barry

  • Scaffolding on the adopted highway needs a licence from the council under the Highways Act 1980. Scaffolding on private land, such as your own driveway, doesn’t.
  • A private home or business owner can’t apply. It’s the scaffolding contractor’s responsibility to make sure the licence has been applied for and granted before the scaffold goes up.
  • Applications go in at least one working day before the scaffold is due to go up. The council says it will give its decision by phone or email within one working day, though it can sometimes take longer.
  • Licences are granted for one month only. If the scaffold needs to stay longer, the contractor applies for a new licence the same way. Each licence covers the one address it was applied for.
  • Contractors have to register with the council first, with a copy of their public liability insurance certificate (£5 million). Council officers make regular checks, can issue fixed penalties when the rules aren’t followed, and recover the full cost of any damage to the highway.
Vale of Glamorgan Council: scaffolding licence 

If the scaffold is on your own land

Section 169 and the council licences on this page are about the highway: the pavement and the road. A scaffold that stands entirely on private land, like a back garden, and doesn’t hang over the pavement, isn’t on the highway.

The Vale of Glamorgan Council says so on its own page: scaffolding on private land, such as your own driveway, doesn’t need a licence from the council.

If it needs to stand on a neighbour’s land, that’s between you and your neighbour, so talk to them before the day.

What to ask your scaffolder

  1. Who’s applying for the licence, and has it come through? Newport City Council says not to start putting the scaffold up until the licence arrives.
  2. How long does it run? If the work overruns, the licence may need extending before it ends.
  3. Will it be lit at night? Section 169 puts the lighting on whoever holds the licence, and Torfaen and Caerphilly both ask for danger lights in the dark.
  4. Whose name is on it? In Torfaen the scaffold has to show the owner’s name, address and a 24 hour emergency number.

Questions

Do I need a licence for scaffolding on the pavement?

If it stands on or over the pavement or the road, yes. Section 169 of the Highways Act 1980 says scaffolding on or over a highway needs a written licence from the highway authority, which is usually the council.

Who applies for the scaffolding licence, me or the scaffolder?

Caerphilly, Torfaen and Vale of Glamorgan councils all say it’s the scaffolding company’s job. Torfaen won’t issue a permit to a member of the public, and the Vale of Glamorgan says a home or business owner can’t apply. Newport’s page doesn’t spell it out. Either way, ask your scaffolder who’s applying before you agree any dates.

How long does it take to get a scaffolding licence?

Newport City Council says its licence should be issued within five working days. Caerphilly aims to give a decision within 48 hours of an application. Torfaen wants at least 24 hours’ notice, and Monmouthshire’s form asks for at least five working days before the scaffold goes up. The Vale of Glamorgan wants applications at least one working day ahead and says it will decide within one working day.

How long can scaffolding stay up on the pavement?

As long as the licence allows. Caerphilly’s permit lasts 30 days, then you reapply with 48 hours’ notice. Newport issues licences for a set period, after which the scaffold has to come down or the licence has to be extended. Monmouthshire’s form asks for the dates it’s needed, and an extension needs five working days’ notice. The Vale of Glamorgan grants licences for one month only, then a new licence is needed.

What happens if scaffolding goes up without a licence?

Section 169 makes it an offence to put up or keep scaffolding on a highway without one. Torfaen County Borough Council says a company that doesn’t get a permit may be liable for prosecution, and that it removes scaffolding it considers dangerous.

How much does a scaffolding licence cost?

Each council sets its own fees and they change, so we haven’t listed them here. The council pages linked from this guide show the current fees.

Need a scaffold on the pavement?

Tell Paul where the job is and when it starts, and ask about the licence when he quotes.

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