Short answer: you need a scaffolding licence if any part of the scaffold stands on, or overhangs, a public pavement or road. If it sits entirely on your own land, such as your front garden or drive, you don't. The scaffolding company normally applies for the licence, not the homeowner.
What the law says
Under section 169 of the Highways Act 1980, anyone putting scaffolding on the public highway needs a licence from the highway authority. The highway includes pavements, verges and roads, not just the carriageway.
Who issues the licence?
- Your local council for most roads. In our area that's the London Borough of Sutton (Sutton, Wallington, Carshalton, Cheam) or Croydon Council (Croydon, Purley, Coulsdon).
- Transport for London for red routes, such as the A23 Purley Way.
Who applies?
The scaffolding contractor. The licence is in the scaffolder's name because they're responsible for the structure on the highway. At Total Scaffolding Solutions we handle the application as part of the job. You don't need to do anything except tell us about the work.
What the council usually asks for
- The site address and a plan showing where the scaffold will stand
- Start date and how long it will be up
- Proof of public liability insurance (we carry £10 million)
- The fee, which varies by council and by how long the scaffold is up
Conditions you'll see on site
Licences come with conditions to keep the public safe. Expect to see a clear walkway for pedestrians, lighting on the scaffold at night, the scaffolder's name and contact details displayed, and sometimes boarding or fans to catch debris.
How long does it take?
Councils need notice before the start date, so build that into your plans. If the job is urgent, for example after storm damage, tell us. Councils have procedures for urgent work. See emergency scaffolding.
Other things that can need permission
- Parking bay suspensions if the delivery lorry or the scaffold needs a bay
- Hoarding licences if the site is fenced off on the pavement
- Your neighbour's permission if the scaffold goes on or over their land. See scaffolding next to a neighbour's property
What happens without a licence?
The council can order an unlicensed scaffold to be removed and can prosecute the person responsible. It's not worth the risk, and a reputable scaffolder won't put up an unlicensed scaffold on the highway.
Quick answers
Do I need planning permission for scaffolding?
No. Scaffolding is temporary and doesn't need planning permission. The building work it's for might, especially in a conservation area or on a listed building.
Do I need a licence if the scaffold is on my driveway?
No. If every part of the scaffold, including anything overhanging, stays within your property boundary, no highway licence is needed.
Who pays for the scaffolding licence?
The council fee is normally included in, or added to, your scaffolding quote. We'll show it clearly so there are no surprises.
Written by the Total Scaffolding Solutions team, CISRS-qualified scaffolders based in Wallington. Last reviewed October 2026.