Terms and Conditions for erecting a scaffold

The licence is issued for permission to occupy the public highway. It is the responsibility of the scaffolding company to design, construct and maintain the scaffolding in accordance with current standards from Milton Keynes Council.

Section 169 of the Highways Act 1980, states that no person shall in connection with any building or demolition work or the alteration, repair, maintenance or cleaning of any building, erect or retain on or over the highway any scaffolding or other structure unless they are authorised to do so by a licence in writing issued by the highway authority.

A licence to erect or retain a scaffold or other structure on a street will normally only be issued to the Company responsible for actually erecting the scaffolding or other structure.

If the licensee objects to any of the following conditions of the licence, the licensee may appeal to a Magistrates’ Court within 21 days of the date of receipt of the licence.

The licensee is reminded that it is their responsibility to ensure that the scaffolding or other structure, is structurally sound, is properly erected to current standards and maintained, and that adequate provision is made for the safe passage of highway users.

Prior to the erection of the scaffold or other structure, the licensee must inform their Client of the following conditions which may affect the way they conduct their works.

Work may not commence until the date specified and should be carried out within any specific limitations of time and date.

The scaffold must be designed, erected and dismantled in a safe manner and maintained in a safe condition in accordance with current standards of Milton Keynes Council. On site erectors must be competent to erect the type and form of scaffold and hold one or more of the following qualifications as appropriate

CISRS Scaffolder Card (or for more complex scaffold structures, The Advanced Scaffolder Card), or OSAT NVQ (of the appropriate level for the complexity of the scaffold) and/or Certification of competence resulting from training under a recognised Manufacture/supplier scheme eg SA-FE Manufacturers/Suppliers Specific Training Card.

PASMA standard (or equivalent) the erection, alteration and dismantling of all scaffolds must meet the requirements of the Work at Height Regulations 2005.

The scaffolding or other structure, or portion of, to be erected that day, shall be securely erected on the day of the delivery, in a safe and considerate manner, by or under the immediate supervision of a person competent and experienced in carrying out such work. Similarly, all scaffolding or other structure must be removed from the highway on the day it is dismantled, upon expiration of the licence or when the need for the scaffold becomes redundant.

The licensee must do such things in connection with the scaffolding or other structure that any highway authority or statutory undertaker reasonably requests for the purpose of protecting or giving access to any apparatus belonging to or used or maintained by them.

The scaffolding must be adequately secured to the adjoining structure or externally braced to prevent displacement Scaffold standards shall be fitted with suitable base plates, with appropriate sole plates used where necessary to the satisfaction of the local highway authority. All scaffold standards shall either be painted white, or covered with approved white, or red and white material, for the first 2.5 metres above the footway/carriageway. The scaffolding shall not have any sharp ends or unprotected nuts/bolts within 2.5m of ground level. No other equipment, ladders or materials may be kept on the footway or carriageway.  All lower ladders must be removed when scaffolding is not in use to prevent unauthorised access.  Adequate width and height must be maintained for the safe passage of footway users. Warning signs with ‘DANGER - MEN WORKING ABOVE’ must be displayed at each end of the structure.

Suitable and sufficient measures must be taken to prevent any highway user from being struck by falling debris, material or objects. The first lift of each scaffold must be close boarded and sheeted to prevent debris, material or objects falling onto any part of the highway. Covered traffic routes or passageways must be provided where necessary. Any spillages must immediately be removed from the highway. The footway shall be kept clear for pedestrians and properly protected both day and night, so as to cause no damage or injury to the public.

Unless otherwise agreed with the local highway authority, all elevations of each scaffold (unless access only scaffolds) must be enclosed with either fine mesh netting or sheeting to prevent debris, material or objects falling onto any part of the highway. Fan guarding must also be provided where necessary. Where the pedestrian walkway continues under the scaffolding, the first lift must also be close boarded and sheeted out from the face of the building to prevent any debris falling onto the footway.

Scaffolding shall be kept back 1.2m from the carriageway edge, up to a height of 5.5 metres, measured from the gutter level.

If any part of the scaffold is closer than 450mm to the carriageway edge, or the proposed site of the scaffolding is considered to be particularly liable to impact damage by passing vehicles, then adequately secured and properly signed, guarded and lit barriers shall be provided along the face of the structure and approved by the local highway authority.

The scaffold must be lit during the hours of darkness at each end with red warning lights and at every 6m.  All projections must have red warning lights. 

The name, address and telephone number, including “out of hours” emergency contact number, of the scaffolder for the site, shall be legibly displayed on a board measuring 600 x 450 mm. No other notice, placard, advertisement or anything in the nature of an advertisement, shall be printed, posted, pasted, drawn, painted, shown or displayed in any way, on or from such scaffolding or other structure, without the written consent of the local planning authority (if required) and of the local highway authority, and then, only subject to the terms of such written consents.

Partially erected/incomplete scaffolds must have a name board affixed and a warning notice board indicating ‘Scaffold Incomplete – Not to be used’.  If left overnight the incomplete scaffold must be lit.

The issuing of the licence does not exempt any vehicle in connection with the erection or dismantling from any existing traffic regulation order.

If proper provision cannot be made for pedestrians to pass safely beneath the scaffold or other structure on the existing footway, then an adequately signed and guarded walkway shall be erected outside the scaffolding or other structure, to the satisfaction of the local highway authority. A joint site inspection may be required and additional conditions applied.

Measures shall be taken to distance/segregate/minimise the public from the area of work where the scaffold materials are being deposited, handled and erected.

Traffic management issues such as the use of temporary traffic signals and temporary road closures must be discussed with the local highway authority. Additional fees may apply if positive traffic management is required.  Extra restrictions may be imposed by the local highway authority on routes designated as traffic sensitive.

The licensee shall comply with Chapter 8, of the Traffic Signs Manual, together with such other conditions as the local highway authority may require. A requirement when carrying out any work on the highway is that the works are adequately signed, guarded and lit as stipulated in the “Safety at Street Works and Road Works Code of Practice.

To meet the traffic management standards, personnel involved must be trained and accredited in the “Signing, Lighting and Guarding“ module as prescribed in the New Roads and Street Work Act 1991. A Company must have at least: (a) One Accredited Supervisor (who does not have to be on site) and b) A minimum of one Accredited Operative on site at all times when the work is being carried out.

During the period in which the scaffolding or other structure is allowed to stand, the whole shall be kept and maintained in good order and condition, and so as not to be injurious to the amenities of the neighbourhood and or users of the highway. All scaffold material, and associated fixtures and fittings, (including rubbish chutes, chains, ropes and lifting gear, etc.) must be of good condition, sound material, adequate strength and free from patent defect. When chutes, lifting gear of other devices are used for the removal of debris all necessary precautions must be taken for the safety of all highway users.  During this operation the skip or lorry body must be sheeted down to minimise dust levels.

Every hoist or pulley wheel must be adequately fenced.

Scaffold structures must be inspected daily before use by a competent person.  In addition, they must always be inspected after bad or excessively dry weather or particularly high winds, which may have affected their strength and stability.  The results of the inspections (including any faults found) should be recorded and made available.

At the expiration of the time for which the licence is granted, or when the work for which this consent is granted, is completed, or if the consent is revoked, whichever is first, the scaffolding or other structure shall be immediately taken down, and notice shall be given in writing to the local highway authority.

The licensee is responsible for ensuring that the scaffolding is kept free from fly posting and graffiti. Any occurrences must be removed within 48 hours.

A duplicate copy of the licence should be kept on site at all times during which the scaffolding, hoarding or other structures is erected, and must be readily available for inspection by authorised officers upon demand.

When submitting an application, if that application extends beyond the currency of the insurance certificate, the licence will be issued up to the end date of the certificate. A new certificate will need to be submitted before an extension will be considered to maintain the scaffold on site. You will not be reminded that your certificate is due for renewal.

Upon removal of the scaffold, the pavement will be inspected and any damages to the highway will be made good by the local highway authority at the expense of the licensee in accordance with the provisions of Section 133 of the Highways Act 1980.

The local highway authority shall have the right to revoke the licence at any time by appropriately served notice if any of the conditions subject to which the licence is granted are not complied with and the licensee shall forthwith remove the scaffolding or other structure. In default, and after giving notice, the Council may themselves remove the scaffolding, or other structure and any reasonable expenses incurred by the Council in doing so shall be recoverable from the licensee. Also it should be noted that failure to comply with conditions set by the local highway authority may lead to a fine of up to £2000 being imposed (Section 169 (5) of the Highways Act 1980).

Public Liability Insurance giving minimum cover of £10m including £5 employers’ liability for Scaffolding is required. However, it may be noted that the Council reserves the right to increase these amounts if it is considered that the site location requires a higher degree of cover. You will be notified if this is the case and proof of increased cover will be required before the licence is granted

A site meeting prior to the application must be held with a site report completed and appropriate photographs.

For site meetings please call 01908 253428

The works shall prominently display an information board with the owners name and 24hr emergency contact number.

Last Updated: 8 January 2020