Section 171 licence

Licence required for breaking up the highway

Section 171

You will need a Section 171 licence if your works involve the breaking up of the highway, such as installing or extending a vehicle access or if you need to place traffic management on the highway. You must ensure all planning conditions are met as a Section 171 licence does not overrule any planning constraints.

It is an offence under Section 171 of the Highways Act 1980 to excavate or occupy the highway without a licence from the Council.

All applications must be submitted in accordance with the notice periods set out in the New Roads and Streetworks Act 1991 (NRSWA) Code of Practice. If you plan to close or restrict a road, you also need to apply for a temporary traffic regulation order or restriction notice. You need to apply at least 12 weeks before the proposed start date of the works. It is an offence, under section 171 of the Highways Act 1980, to excavate the highway before the permitted date.

If you are applying for a Section 171 to construct a dropped kerb, you will need permission from the Traffic Management team first. They will then instruct you to apply for a S171 Licence.

If your works are related to Section 278, 38 or Minor Works Agreement, this needs to be stated in the works description along with the associated Wokingham Borough Council Officer and reference number. Likewise, if the Licence is required for a new build, please provide the Building Regulations Notice and Full Planning Reference number.

If anything changes during your works, it is your responsibility to keep us informed. This is particularly important if your works are likely to overrun the scheduled end date.

When works have finished, you will need to compete the R1 Registration Form within 10 working days of the works end date and return it to Streetworks.

Who can apply

A company or contractor will apply for permission to excavate the highway, often on behalf of a land or property owner. This is because it is the applicant who will be required to comply with and accept the licence conditions.

Fees and notice period

The cost of a Section 171 licence is £563.

Payment will be requested once road space is confirmed.

Payment is made via our online weblink or an invoice can be issued on request.

Please allow a minimum of 10 working days between applying for a licence and the proposed start date of your works.

Your application will be delayed and possibly rejected if you do not pay the appropriate amount of the fee and submit all the required information needed to assess your application.

How to apply

You can apply online for a Section 171 licence. During the application process you will need to provide:

Traffic Management Plan
Google Maps Image highlighting works location
Scanned copy of a valid public liability insurance certificate for a minimum of £10 million
Scanned colour copies of the Supervisors and Operatives SWQR card, front and back

Apply for S171

Licence conditions

Before you apply you should read our licence conditions document. The Licensee has the right to appeal to the magistrate’s court against conditions or our decision.

To view the relevant legislation you can visit the government's website.