Planning Permission vs a Highway Licence
These two things get confused constantly, so it's worth separating them clearly:
- Planning permission relates to permanent changes to a building or land. Scaffolding is a temporary structure, so on its own it doesn't normally trigger a planning application.
- A highway licence is a separate approval from your local council, required when scaffolding (or any other structure, like a skip) is placed on a public footpath, pavement or road. This is the one that actually applies to most scaffolding jobs.
In England and Wales, the power for councils to license scaffolding on the highway comes from the Highways Act 1980. If your scaffold sits entirely on private land — inside your own boundary, with no part projecting over the pavement — a highway licence usually isn't required at all.
Rule of thumb: if any part of the scaffold overhangs or stands on land the public can walk or drive on, assume a licence is needed and check with the local council before work starts.
When You Do Need a Licence
A highway licence is typically required when:
- The scaffold base stands on the public footpath or pavement.
- Scaffold poles, boards or netting overhang the highway, even if the base is on private land.
- Hoarding, a gantry or a covered walkway needs to be built over the pavement for pedestrian safety during the works.
The application is made to the council's highways department, not the planning department. It usually asks for a site plan, the scaffold design or a method statement, proof of public liability insurance, and the proposed dates. Most councils charge a fee and a licence is normally granted for a set period, renewable if the job runs on.
Listed Buildings and Conservation Areas
If the property is a listed building, check with the council before scaffolding goes up — while the scaffold itself is temporary, some local authorities want to be informed for buildings with special protection, particularly if fixings will be made into historic stonework or render. A quick call to the conservation officer avoids any issue.
Party Walls and Neighbouring Property
If scaffolding needs to stand on or lean against a neighbour's land, that's a separate matter from planning or highway rules — it comes down to getting the neighbour's consent, and in some cases falls under the Party Wall etc. Act 1996 if work affects a shared boundary wall. Sorting this out before scaffolding goes up avoids disputes once it's already erected.
How Long Can Scaffolding Legally Stay Up?
Where a highway licence is required, it's granted for a defined period — often a matter of weeks or months depending on the job — and can be renewed if needed. Leaving scaffolding on the public highway beyond what's licensed can result in the council issuing fines or ordering its removal, so it's worth keeping the licence current if a job overruns rather than letting it lapse.
Where no highway licence applies (scaffold entirely on private land), there's no fixed legal time limit in the same way — but scaffolding left up long after work has finished can still draw attention from neighbours or the council on general amenity grounds, so it's good practice to have it taken down promptly once the job is complete.
Who Handles the Licence?
On most jobs booked through National Scaffold, our contractors can advise whether your specific job needs a highway licence and help with the application as part of the job — it's exactly the kind of detail that should be covered in a proper fixed price quote, rather than something you discover needs sorting out after the scaffold is already up.
Get a Fixed Price Quote — Licence Included
If your job needs a highway licence, it's accounted for in your fixed price from the start — not added as a surprise extra later.