Apply for a licence to excavate the highway

Anyone other than a statutory undertaker planning to undertake works which will involve excavating the public highway must first apply for the relevant Road Opening Licence. The public Highway includes the carriageway, footway, cycletracks, verges, bridleways and footpaths

Licence(s) you will need

To apply please select one of the options below.

Section 171 - vehicle accesses less than 10 metres in width. Any other Highway works involving excavation

Section 171 licences are for small excavations in the highway such as trial holes, or domestic vehicular accesses less than 10 metres in width. For any application that relates to the installation or maintenance of apparatus a Section 50 licence is required.

Works for a dropped kerb (vehicle crossing):

For works involving an existing or new dropped kerb a separate licence must already be in place. The home/ land owner must hold approval from Hampshire County Council before any works can be undertaken.

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.

Apply for a section 171 licence

Section 50 enabling licence - permission to place and retain apparatus in the Highway

A Section 50 enabling licence is for the placing and retaining of apparatus in the highway. This licence does not cover any excavation that may be required.

Excavations for works involving apparatus

Any excavations for works involving apparatus fall under Section 50 of the New Roads and Street Works Act 1991.

These include:

  • installing any new apparatus
  • works to any existing apparatus

Apparatus is:

  • a piece of equipment used for a particular purpose, for example water pipes, cables and sewer pipes
  • any piece of equipment used to lodge another piece of apparatus, such as a duct laid for a cable
  • a piece of equipment placed to gain access to another piece of apparatus, for example a manhole or inspection chamber

Section 50 is generally appropriate for lateral connections only. Accordingly licences will not generally be approved for longitudinal apparatus (apparatus running along the road) as there are significant risks to future maintenance from such apparatus.

connectionlicences50a2 Created with Sketch. Apply for a s50 enabling licence Apply for a s50 excavation licence You must be either the owner or nominated person to apply An s50 enabling licence must be in place before an s50 excavation can be granted Yes Yes Yes No No No Are you the person nominated to excavate and install? Are you the owner of the service? (land or home owner) Is a section 50 enabling licence already in place? Sewer connection, gas, water, electric or telecomms etc
Section 50 excavation licence - permission to install/inspect/replace apparatus in the Highway

A Section 50 excavation licence is for the excavation to install new apparatus or to inspect, maintain, adjust, repair, alter or renew the existing apparatus.

Excavations for works involving apparatus

Any excavations for works involving apparatus fall under Section 50 of the New Roads and Street Works Act 1991.

These include:

  • installing any new apparatus
  • works to any existing apparatus

Apparatus is:

  • a piece of equipment used for a particular purpose, for example water pipes, cables and sewer pipes
  • any piece of equipment used to lodge another piece of apparatus, such as a duct laid for a cable
  • a piece of equipment placed to gain access to another piece of apparatus, for example a manhole or inspection chamber

Section 50 is generally appropriate for lateral connections only. Accordingly licences will not generally be approved for longitudinal apparatus (apparatus running along the road) as there are significant risks to future maintenance from such apparatus.

changeapparatuslicences50b2 Created with Sketch. Apply for a s50 enabling licence Apply for a s50 excavation licence You must be either the owner or nominated person to apply An s50 enabling licence must be in place before an s50 excavation can be granted Yes Yes Yes No No No Are you the person nominated to excavate and install? Are you the owner of the service? (land or home owner) Is a section 50 enabling licence already in place? Sewer connection, gas, water, electric or telecomms etc
Section 278 - vehicle accesses greater than 10 metres in width, bellmouths, moving of street furniture, gullies or larger schemes

Section 278 licences or a section 278 agreement is for vehicular accesses greater than 10 metres in width, bellmouths, moving of street furniture, gullies or larger schemes.

Timescales

Be advised, due to the nature of this type of licence, applications can take up to 28 days to process.