What Is a Scaffolding Licence and Why Does It Matter?

In England and Wales, section 169 of the Highways Act 1980 says no person may, in connection with building or demolition work, erect or keep scaffolding that obstructs a highway unless authorised by a licence in writing. The highway authority grants the licence.

What a scaffolding licence is

Roof work can mean scaffolding that stands on a pavement or road. Section 169 of the Highways Act 1980 deals with scaffolding that obstructs a highway, and it requires a licence in writing for it.

The primary rule is found in section 169(1) of the Highways Act 1980. This section states that no person shall, in connection with any building or demolition work, erect or retain scaffolding that obstructs a highway unless they are authorised to do so by a licence in writing.

When the Highways Act 1980 applies

The rules set out in section 169 of the Highways Act 1980 extend to England and Wales. The official legislation page shows the latest revised version of the Act. This version is up to date with changes known to be in force on or before 13 November 2026. Section 169 is officially headed as the control of scaffolding on highways.

This table shows what the Highways Act says and where.

Who grants the licence

Under section 169(2) of the Act, the licence is granted by the highway authority. Where the applicant supplies the particulars the authority reasonably requires, section 169(2) says it is the duty of the authority to issue a licence.

The duty to issue a licence does not apply if the authority considers that the structure would cause unreasonable obstruction. It also does not apply if the authority considers that a less obstructive alternative could conveniently be used.

Conditions a licence can carry

Section 169(1) says licences may contain whatever terms the issuing authority thinks fit.

Section 169(4)(a) states that the person to whom a licence is issued must ensure the structure is adequately lit at all times between half an hour after sunset and half an hour before sunrise.

Furthermore, section 169(4)(b) states that the licence holder must comply with written directions from the authority about traffic signs.

What the law says about offences

Section 169(5) states that a person who breaches subsection (1) is guilty of an offence.

The same applies if a person fails without reasonable excuse to comply with the licence terms or the subsection (4) duties regarding lighting and traffic signs. The person is liable to a fine not exceeding level 5 on the standard scale. That is the wording of the Act, and no amount is given here.

What some councils say on their own pages

Councils publish their own application details on their own pages, and the figures differ between them. Each point below comes from the named council's own page.

• Liverpool City Council says the application must be completed by the contractor undertaking the work. It asks for a copy of public liability insurance of not less than £5 million, valid for the full period of the licence. It says it needs a minimum of 7 days to process an application, and up to 14 days minimum for main roads and the city centre.
• Buckinghamshire Council says an online application needs a public liability insurance certificate for £10 million, a copy of a CRSIS qualification or equivalent, and New Roads and Street Works Act accreditation for operative and supervisor. It states that licences are valid for 28 days.
• Cornwall Council says all applications must be submitted by your nominated scaffolding contractor, and that a non-emergency application takes a minimum of 2 weeks to process.
• Devon County Council says all applications must be made by scaffolding companies on behalf of their customers. It asks for a minimum of 10 working days' notice and issues licences for the dates the works take place, with a maximum length of 12 weeks.
• Durham County Council says the scaffolder must hold public liability insurance of £5 million, and that it aims to issue licences within three working days.
• Islington Council asks for at least 10 working days' notice and confirmation of a public liability policy for £10 million or above. It says the licence granted is up to three months.
• Bracknell Forest Council says a residential licence covers a period of 6 weeks, after which you must apply for a new licence. It lists a £700 fee if a hoarding or scaffold is found without a licence, and says similar structures on private land do not require a licence.

The figures above come from those councils' own pages and differ between them.

What some councils ask applicants to supply

Councils also differ on what they ask for with an application and on what the licence covers. Again, each point is from the named council's own page.

• Liverpool City Council asks for a site drawing, the dimensions of each structure, the planning application number where required, and traffic management plan details.
• Cornwall Council says scaffolding on the highway can only be erected by qualified scaffolders, who must hold the relevant street works qualifications and £5m public liability insurance. It says gantry or cantilever scaffolding needs design drawings.
• Islington Council asks for a drawing of the exact location of the scaffold and of the lighting equipment.
• Devon County Council says a licence covers scaffolding, a mobile tower scaffold, a gantry, hoarding, fencing and a rubbish chute.
• Durham County Council says you must have a permit before you place scaffolding on a public road or pavement. It says conditions may relate to location, dimensions, lighting and guarding, and that failure to obtain a licence may result in a criminal offence for obstruction.
• Coventry City Council says scaffolding and hoardings must display the name and contact details of the contractor, and that a pedestrian walkway must be maintained around the scaffold.
• Buckinghamshire Council says a retrospective licence, for scaffolding already put up, is a separate charge.

What mygov.scot says for Scotland

The Highways Act 1980 section discussed above extends to England and Wales. The mygov.scot scaffolding rules say the following.

mygov.scot says it is the responsibility of the builder or scaffolding company to get a licence for scaffolding on the highway, including the pavement. You must use a builder or scaffolding contractor who is trained and competent if you want to put up scaffolding.

mygov.scot adds that it is your responsibility to check they have this legal document, and that the licence "doesn't run out before the building work is finished".

The mygov.scot page does not list which council issues the licence, how to apply, or what penalties apply. Instead, it refers readers to GOV.UK for scaffolding rules, including finding an approved local contractor and safety.

What a licence does not prove

The licence is about obstruction of the highway. The legislation.gov.uk page for section 169 says nothing about the scaffolder's competence or insurance, so a licence should not be read as showing either.

GOV.UK says your local council may have a list of approved scaffolding contractors.

How to check and what to ask

Our guide on scaffolding cost for roof work covers cost.

These steps cover checking the paperwork:

• Ask for the licence in writing.
• Read the dates on it.
• Check it does not end before the work finishes, which mygov.scot states for Scotland.

Common questions

What happens if the roof work creates a risk to the public?

GOV.UK says that if there is a risk to the public, you can schedule scaffolding work for quiet times or get a highway closure from your local council.

Is every licence the same length?

No. The councils above state different lengths, such as 28 days at Buckinghamshire Council, up to three months at Islington Council and 6 weeks for a residential licence at Bracknell Forest Council.

Does the highway authority have to issue a licence?

Under section 169(2) the authority must issue a licence once it has the particulars it reasonably requires. The exception is where it considers the structure would cause unreasonable obstruction, or that a less obstructive alternative could conveniently be used.

When does a licensed scaffold have to be lit?

Section 169(4)(a) puts the duty on the person to whom the licence is issued. Adequate lighting is needed through the hours from half an hour after sunset to half an hour before sunrise.

Is breaking the rule a criminal matter?

Under section 169(5), a person who breaches subsection (1), or who fails without reasonable excuse to follow the licence terms or the subsection (4) duties, is guilty of an offence. The Act sets the maximum penalty as a level 5 fine on the standard scale.

Does section 169 apply in Scotland?

No. The legislation.gov.uk page marks section 169 as extending to England and Wales. For Scotland the page to read is mygov.scot, which covers scaffolding on the highway, including the pavement.

What should a Scottish homeowner check?

mygov.scot says it is the homeowner who must check that the contractor has the legal document, and that the licence does not run out before the work is finished. It also says the contractor must be trained and competent.

When does Coventry City Council say scaffolding needs lighting?

Coventry City Council says scaffolding will require illumination unless no part of it is less than 0.45m (18 inches) from a carriageway in a horizontal direction and no part of it over a footway is less than 2.4m (8 feet) above the footway.

Can a Devon licence run longer than 12 weeks?

The longest licence length Devon County Council names is 12 weeks, and it says longer periods need an extension.

Does it cover a mobile tower or a rubbish chute?

Devon County Council names a mobile tower scaffold and a rubbish chute among the items a licence covers, along with a gantry, hoarding and fencing.

Will a council want plans?

Three of the councils above mention drawings. Liverpool wants a site drawing, Islington wants the location of the scaffold and the lighting shown, and Cornwall wants design drawings for gantry or cantilever work.

Is private land treated the same way?

Bracknell Forest Council says similar structures on private land do not need a licence.

Is it too late once the scaffold is up?

Buckinghamshire Council mentions a retrospective licence, which it says carries a separate charge. Bracknell Forest Council, for its part, lists a £700 fee for a scaffold found without a licence.

Can I apply for the permission myself?

The legislation.gov.uk page for section 169 does not say who must apply for the licence. In Scotland, mygov.scot says it is the responsibility of the builder or scaffolding company to get a licence. Liverpool City Council, Cornwall Council and Devon County Council each say applications come from the contractor.

When you are ready, you can find a roofer near you.