Skip to main content

Does Scaffolding on a Pavement Need a Licence?

A plain-English guide to Section 169 highway licences for scaffolding over pavements and roads in Essex — when you need one, how to get one, and what it costs.

Yes — a Licence Is Required

If scaffolding overhangs or occupies any part of a public highway — including the pavement in front of your property — a licence under Section 169 of the Highways Act 1980 is required before erection begins. Working without a licence can result in enforcement action by the local authority and invalidate your insurance. Axis Scaffolding can advise on the licence process and liaise with Essex Highways on your behalf.

What Is a Section 169 Licence?

A Section 169 licence (also called a "scaffolding licence" or "highway licence") is a formal permission granted by the highway authority — in most of Essex this is Essex County Council Highways — to occupy or overhang the public highway with a scaffold structure. It specifies conditions including the scaffold footprint, lighting and signing requirements, and the permitted duration.

When Do You Need One?

Pavement Overhang

If any part of the scaffold — including ties, standards or boards — extends over the public footpath, a licence is required even if the scaffold base is on private land.

Scaffold on the Highway

If scaffold base plates or any structure is positioned on the public footpath or road surface, a licence is required.

Protective Fans or Gantries

Covered walkways or protective fans over a pavement also require a licence regardless of whether they touch the ground.

Not Required If Fully On Private Land

If the scaffold is entirely within the property boundary, away from the highway, no Section 169 licence is needed — though planning restrictions may still apply.

How Long Does It Take?

Essex Highways typically requires a minimum of 5–10 working days' notice. Some districts and urban areas may require longer. We recommend raising the licence requirement as early as possible in the project planning process. Axis Scaffolding will identify the requirement at the quotation stage and advise accordingly.

What Does It Cost?

Licence fees are set by the highway authority and vary. As a guide, Essex Highways charges a fee based on the area of highway occupied and the duration. These fees are passed through at cost. We will include the estimated licence cost in your quotation so there are no surprises.

Related Guides

Do I Need Scaffolding for My Project?

Practical guidance on when scaffold access is required and when a ladder may be sufficient.

Read Guide →

How Much Does Scaffolding Cost in Essex?

Typical price ranges for domestic, roof, chimney and commercial scaffolding across Essex.

Read Guide →

All Guides →