The rules
Most legal duties fall on the scaffolding contractor and whoever controls the building work, but homeowners and businesses have checks to make too. Here are the main UK rules in plain English, with links to the official guidance.
Work at height
These regulations aim to prevent death and injury from falls. HSE says they apply to employers and to anyone who controls work at height, including building owners who contract others to do it. That work must be properly planned, supervised and carried out by competent people.
For scaffolding, HSE guidance says scaffolds must be designed, erected, altered and dismantled only by competent people, under a competent supervisor. A scaffold must either follow a recognised standard configuration, such as industry guidance TG20 or a system scaffold manufacturer’s instructions, or be designed by calculation. Open edges need guard rails at least 950 mm high, intermediate rails and toe boards.
Inspections
GOV.UK summarises the rule: scaffolding must be checked before it is first used, every 7 days while it is up, and after alterations, damage or extreme weather. Under regulation 12, a working platform used for construction work, from which someone could fall 2 metres or more, must not be used unless it has been inspected within the previous 7 days.
The inspector must prepare a report with the details set out in Schedule 7 and give a copy to the person it was done for. HSE places responsibility for arranging inspections on the scaffold user or hirer. See inspections and handover and scaffold tags.
Pavements and roads
A scaffold on or over the highway, including the pavement, needs a licence from the highway authority under section 169 of the Highways Act 1980. GOV.UK says getting the licence is the builder’s or scaffolding company’s responsibility, and checking that they have it, and that it will not run out before the work is finished, is yours.
Councils set their own conditions. Hertfordshire County Council, for example, warns of fines of up to £5,000 for scaffolding on a public road, verge or pavement without a licence. Our permits guide explains what to check.
Neighbours
If the scaffold or the work needs to use a neighbour’s property, ask for their agreement first and record what is agreed. Their consent is the usual route.
If a neighbour refuses, the Access to Neighbouring Land Act 1992 lets you apply to court for an access order. A court can make one for work reasonably necessary to preserve your property that cannot be done, or would be much harder, without entering their land, but not where the disturbance or hardship to them would make it unreasonable. The Act is aimed at preservation work, such as repairs and maintenance, rather than new building like an extension. Take legal advice before relying on it.
Your checklist
Questions
There is no fixed legal time limit, but scaffolding put up for building work should come down once the work is finished. Inspections must continue at least every 7 days while it is up, and a highway licence covers a set period, so check it will not run out first.
Not normally. National permitted development rights cover temporary structures needed while building work is carried out, provided the work itself has any planning permission it needs, and the scaffold must be removed when the work is finished. If the building is listed, check with the council before anything is fixed to it. See our permits guide.
The contractor is responsible for putting the scaffold up, altering it and taking it down safely. The user or hirer must make sure it is inspected. Agree who that is before work starts.
Discuss your project
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