1 Overview
A licence is required from West Sussex County Council (WSCC) to erect scaffolding on a public highway. This does not apply to private gated roads with no public right of way. Private roads that are not gated, where the public have a right of way to use them, will require a licence.
We require a minimum of five working days' advance notice from the date of application to the date the scaffolding will be erected.
The licence duration is one calendar month. You are able to apply for longer periods if required, and any extension period is also for one calendar month.
The cost of a scaffolding licence is currently £247 for the first month, with additional months charged at £165.
All scaffolding contractors are required to inform WSCC as soon as scaffolding is removed. If scaffolding requires an extension period, a request must be made before the proposed end date of the licence.
If a scaffold licence reaches the end date and WSCC has not been informed of the site status, a WSCC inspector will visit the site to establish its status. Whether scaffolding has been removed or is still in place on the site will result in a fine being added to the invoice.
2 Apply for a licence
Apply for a highway scaffolding licence (external link)3 Terms and conditions
Constructing
In constructing, maintaining, modifying, using or dismantling the scaffolding, the licensee, constructor and users shall comply with the Health and Safety at Work Act 1974 and all other current legislation, British and European Standards, Health and Safety Executive (HSE) guidance notes and any amendments or replacements thereof from time to time in force.
This is to be with particular regard to weight loading, securing and supporting the scaffold and preventing falls of persons, objects and materials from a height. All scaffolds shall be securely tied or otherwise adequately supported. The licensee will provide a full copy of this license to the scaffolding contractor prior to scaffolding construction, together with the attached West Sussex County Council (WSCC) and HSE guidance notes.
The scaffolding
The scaffolding shall be maintained in good repair; it shall be made highly visible up to a height of at least 2.40 metres (7’ 10’’) above the level of the highway upon which it is constructed. For general stability and weight distribution, base plates shall always be used. Sole boards (also known as sole plates) shall normally be used unless indicated otherwise in the contractor’s risk assessment. The licensee shall ensure that only ‘competent persons’ construct, adjust, maintain, inspect or dismantle any scaffolding.
All scaffolds that have been erected for any type of work are required to be fully netted and sheeted to prevent falling objects injuring the public and to minimise dust and debris.
Kick boards are required to be fitted on all levels of the scaffold and the walking boards are to have no gaps between them. First lift should be sheeted to prevent dust and debris falling.
The scaffolding structure, including any boarding or barriers, shall be adequately lit throughout the hours of darkness, especially where pedestrians are required to pass underneath. The exterior of any scaffolding within 0.5m of a live carriageway (speed limits up to 50 mph) or within 1.2m (50mph or more) shall be adequately lit and protected.
Health and safety
The licensee and their employees or agents shall pay due regard to the safety and control of all highway users and the additional particular needs of the visually and mobility impaired. Signs and warning notices shall be displayed in accordance with the Traffic Signs Regulations and General Directions 2002, the Health and Safety (Signs and Signals) Regulations 1996 and any other legislative requirements. Any height restriction warning signs used must be illuminate where necessary and must display the correct restriction.
Road signage
No existing road sign or line shall be obscured or rendered less effective by the construction of scaffolding without the approval of the council who may require the licensee to provide or pay for the provision of alternative signing or lining to their requirements.
Site-specific conditions
The licensee and their employees or agents shall in addition to the above requirements comply with the additional site-specific conditions and shall also comply forthwith with any directions given (whether in writing or otherwise) by the council regarding the construction or maintenance of the scaffolding and the provision of lighting and warning notices.
Damage
The licensee shall take all reasonable steps to prevent damage to the street, in, upon or over which the scaffolding is constructed and if any such damage is caused by reason of the construction of the scaffolding or any accidents to such scaffolding or any defect or want of repair in such scaffolding, the cost of making good the damage shall be paid by the licensee to the council within fourteen days of receipt by the licensee of a demand for such payment.
Licence
Upon the expiry of this license or upon its termination as a result of a breach of any of the terms and conditions herein contained, the licensee shall forthwith remove the scaffolding. In default of the licensee so doing the council may remove the same at the cost of the licensee and the licensee shall on demand pay to the county council the cost of such removal as certified by the engineer.
Walkways
Pedestrian facilities must always be provided. Where applicable, depending on location one or more of the following may be required. Provide walkway under the scaffolding with an unobstructed width of ideally not less than 1.5 metres, but as a minimum 1.2 metres, and a minimum height of 2.4 metres. Provide a smooth handrail mounted between 1.0 and 1.2 metres above the walking surface for the full length of the scaffolding (except access points) and a tapping rail of minimum depth 150mm with a lower edge at ground level or up to a maximum height of 200mm above the ground.
Provide walkway outside of the scaffolding with an unobstructed width of ideally not less than 1.5 metres, but as a minimum 1.2 metres. Where this width cannot be achieved within the footway, a walkway shall be provided using part of the carriageway.
Provide walkway using the carriageway with an unobstructed width of ideally not less than 1.5 metres, but as a minimum 1.2 metres. The walkway shall be so constructed to afford protection from traffic and allow ramped interface between the different levels for wheelchairs and the like.
Signage
Provide signing for diversion of pedestrians. Where circumstances will not permit a walkway beneath or around scaffolding/hoarding, provision shall be made for pedestrians to use the opposite footway, if considered safe to do so, by risk assessment.
Provide signing for a diversion of traffic, or traffic lights, as applicable, where a walkway is provided in the carriageway.
Name of licensee, constructor and an emergency contact telephone number for both to be displayed prominently on the scaffold at all times.
Hoardings
Scaffolding components or hoardings etc, likely to create a contact hazard to pedestrians to be protected for example horizontal supports likely to constitute a hazard to be end capped and protruding cross braces at ground level to be boarded or guarded.
There may be a requirement to enclose the scaffold by hoarding, for which a separate consent is required.
Chutes, netting, sheeting to be provided where applicable.
Handing over certificate
This licence requires that in all cases, the constructor will inspect the completed scaffolding prior to use. In proof of this a copy of the scaffold constructors handing over certificate is required by the highway authority to be available on site for inspection by the authority, together with the inspection register or form. In addition, the handing over certificate shall include the type of scaffolding (for example fixed or tied), specified nature of use and any restrictions, as necessary. The user is not to adjust the structure, nor use it for any other than the specified purpose. Any adjustments shall be made by the constructor only. Prior notification to the highway authority is required of any adjustment or change of use.
The licensee shall issue a copy of this licence to the scaffolding contractor, prior to scaffold construction.