Street works licence - guidance and conditions for all applicants

The terms 'individual' and 'organisation' refers, but isn't limited, to:

• housing developers
• some electric vehicle charging point installers
• commercial companies linking their sites
• private residents
• those installing and maintaining private drainage

The term 'manage' means to:

• place
• keep
• inspect
• maintain
• adjust
• repair
• alter
• renew
• relocate
• remove

The term ‘apparatus’ includes items such as:

• pipes
• ducts
• tunnels
• cables
• chambers
• valves
• junction boxes
• poles
• electric vehicle charging points
• cabinets

The term ‘Street Authority’ refers to the local council. In rural Dorset (excluding Bournemouth, Christchurch, and Poole), the Street Authority is Dorset Council, which will be referred to as ‘the council’ throughout the rest of this guidance.

Extent of highway

Section 50 licences are required to manage apparatus in the public highway:

• carriageway
• footway
• cycleway
• verge
• some footpaths which are Highway maintainable at public expense (this is not all rights of way)

Who can apply

A company or contractor may apply on behalf of the land or property owner, but the licence application must be signed by and remain in the possession of the land or property owner.

This licence is not required when an organisation has a statutory right (a "Statutory Undertaker") and an appropriate Street Works Act (SWA) code. The works described can be carried out with a permit.

The owner of the apparatus is responsible for applying for the licence. Once issued, the licence remains tied to the property for as long as the apparatus is in place. It may be included in the deeds relating to the property or land and should therefore be transferred to any new owners. The Council must be notified of such changes.

The licence holder is responsible for all duties and obligations set out in NRSWA, its secondary legislation, and associated Codes of Practice.

Applicants should be aware that this responsibility cannot be transferred to another person or organisation.

Financial penalties include:

• Section 74 charges for overrunning works, which can be up to £10,000 per day, and which, from 5 January 2026 are applicable every day of the week including weekends and public holidays
• Fixed penalty notices (FPNs) issued for late registration of reinstatements and works start and stop notices, and which, from 5 January 2026 increase to at least £240 (or discounted to £160 on early payment)

Statutory guidance includes:

• Specification for the reinstatement of openings in highways (SROH)
• Safety code of practice
• Co-ordination code of practice
• Inspections code of practice

Asset ownership can be transferred to another organisation, but the council must be informed who that is so that they know who to contact if there is an issue.

Apparatus owners must be aware of their statutory duty to ensure the apparatus is properly maintained at all times. A licence, or consent to work on existing apparatus in the highway, will only be granted to the owner of the apparatus or their legal successor.

If apparatus is later adopted by a Statutory Undertaker or another third party, documentation confirming the adoption must be provided to the council. This allows us to update our records and either dissolve the existing licence or assign it to the new owner. If no notification is received, the current licence holder will continue to be held accountable for the apparatus.

Part of the licence fee payable includes inspections for:

• live site signing, lighting and guarding; and excavation, backfilling whilst works are in progress
• reinstatement in the first six months after permanent reinstatement
• and nearing the end of the reinstatement guarantee period - this period will begin from the date the council is notified of the permanent reinstatement

The licence holder will be notified if any non-compliant sites or reinstatements are identified.

All applications must be submitted at least one month in advance of works with all supporting documentation included; accreditation, plans and insurance.

Emergency or urgent works may be carried out where there is a danger or a loss of service or supply, but the council must be notified within 2 hours of starting the work.

A licence will not be issued before payment is received in full.

When a licence is approved, licence holders must:

• notify the council within two hours of occupying the highway
• notify the council within two hours after completing the works, reinstating the site, and returning the highway to normal use
• inform the council of any changes to the scope of works or licence dates, including requests for extensions
• provide reinstatement details within 10 days of completing the work

Applicants should note that special conditions on a case-by-case basis may be imposed by the council to:

• minimise inconvenience to road users, with particular consideration for people with disabilities
• address works on traffic sensitive streets, streets with special engineering difficulties, and protected streets

Refusals

Grounds for refusal include:

• where highway users may be unnecessarily disrupted or obstructed
• safety may be compromised
• the structural integrity of the street or apparatus may be jeopardised

Specific reasonable grounds might include, but are not limited to:

• apparatus placed longitudinally in the highway
• apparatus facilitating the movement of hazardous materials with appropriate consents, agreements and public protection
• apparatus that may, due to line and level, prejudice the integrity of the highway
• apparatus that may, due to line and level, prejudice the highway authority's ability to manage and maintain the highway safely and efficiently
• apparatus that may, due to line and level, prejudice the access to or maintenance of private property

Appeals

You may have the right to appeal certain decisions or conditions placed on a licence which involves placing or retaining apparatus across a street (rather than along its length).

Grounds of appeal include:

• refusal by the council to grant a licence
• refusal by the council to grant a licence except on terms prohibiting its assignment
• any terms or conditions of the licence granted

Appeals should be addressed to the Secretary of State.

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