Digging up the road?

United Kingdom

Digging up the road as part of your business? The new Street Works Regulations may affect you. The Regulations came into force on the 1st of April 2001 and impose notice periods, charges and criminal liability if you fail to comply.

Do they apply?

The Regulations apply to statutory undertakers (which is likely to include you if you have gas or electricity infrastructure).

What do I do?

This depends on whether you are undertaking "minor works" or other works. For everything other than minor works you provide the highway authority with a notice in writing no later than the day after the works began.

You must then provide a further “works clear notice” not later than the end of the day after you return the highway to full public use.

Finally you must provide a "works closed notice" of the completion of permanent reinstatement of the highway not later than the day after you return the highway to full public use.

If undertaking "minor works" you must give the highway authority a "daily whereabouts notice" for every day the minor works are being carried out.

Minor works are street works (except emergency works or urgent works) whether in the footway, verge or carriageway, which are planned to take not more than 3 days, do not form part of a rolling programme of works and do not involve at any one time more than 30 metres of works or leave less than 3 metres width available for traffic or less than 2.5 metres where the traffic is expected to consist only of motor cars and light locomotives.

What' s the catch?

You have to pay the highway authority whenever the duration of street works exceeds 3 days or a reasonable period, whichever is longer.

If you think that street works will last more than 3 days, you have to give the highway authority a notice in writing containing an estimate of their duration.

The length of time that you state in the notice will be reasonable, unless the highway authority disputes this within 3 days of receipt.

What if I think I'll go over time?

If you think that the duration of the works will be more than 3 days or the reasonable period because of unforeseen circumstances you must give the highway authority a revised estimate of the duration of the works. The good news is that any period that you state in your revised estimate is deemed to be reasonable and replaces the original estimate (unless the highway authority notifies you within 3 days of the receipt of the revised estimate).

How much will they charge?

The highway authority will charge you (depending on the type of road) for each day over the prescribed period or reasonable period, which ever is longer.

  • GBP 100 per day for minor works, emergency works and urgent works in road category Types 3 and 4;
  • GBP 250 per day for standard works in road category Types 3 and 4;
  • GBP 500 per day for minor works, emergency works and urgent works in road category types other than Types 3 and 4; and
  • GBP 2000 per day for standard works in road category types other than Types 3 and 4.

You don't have to pay for:

1. works which do not require breaking up the street;

2. repairing resetting or replacing manhole or chamber covers or frames;

3. replacing poles, lamps, columns or signs in the same location; or

4. pole testing.

What if I don't?

You commit a criminal offence if you don't provide the notices required under the Regulations.

Conclusion

The Regulations introduce obligations on gas - and electricity companies carrying out road works covered by the Regulations to:

  • give notices in relation to the regulations; and
  • pay charges in relation to the duration of the works and the road-type on which the works are carried out.

For further information please contact Amanda Seaton at [email protected] or on +44 (0)20 7367 3454.