Putting up scaffolding on a public footpath in the UK involves strict rules and legal responsibilities. Whether you’re a homeowner renovating your property or a contractor managing a commercial site, it’s essential to understand the local and national requirements before setting up scaffold in any public space. This blog explains everything you need to know to stay compliant, safe, and avoid fines.
When Is Scaffolding Allowed on a Public Footpath?
Scaffolding on a public footpath is only allowed with official permission. In the UK, you must apply for a scaffold licence from your local authority if any part of the scaffold will sit on a pavement, footpath, or public road.
This applies to:
- Residential scaffold installations that overhang or obstruct footpaths
- Commercial scaffolding projects near public areas
- Any structure that occupies space outside your property boundary
Without a valid licence, the scaffold is not only illegal — it can be forcibly removed by the council, and the responsible party may face penalties.
Who Applies for the Licence?
In most cases, the scaffolding contractor applies for the scaffold licence on your behalf. They will liaise with the local council and ensure all documentation, risk assessments, and insurance requirements are met.
We handle this entire process for you as part of our service, making sure your scaffold setup complies fully with local authority rules across Ashford and Kent.
What Does the Application Involve?
A scaffold licence application will typically include:
- Site location details
- Start and end dates
- Risk assessments and method statements (RAMS)
- Confirmation of public liability insurance (usually £5 million minimum)
- Design drawings if required
Some councils require 5–10 working days to process the application, so it’s important to plan ahead. Emergency scaffolding may be allowed with short notice, but this depends on the local authority.
In Ashford and the wider Kent area, scaffold licences are managed by Kent County Council.
What Are the Legal Requirements for Scaffold on Public Land?
Once permission is granted, several conditions must be met throughout the project. These include:
1. Maintaining Public Safety
The scaffold must not create a hazard. This means:
- Keeping a minimum width of the footpath clear
- Installing barriers and warning signs
- Using high-visibility materials and pedestrian walkways where needed
- Ensuring that scaffold poles, boards, or materials do not block visibility or access
2. Lighting and Visibility
For any scaffold on or near a public footpath, appropriate lighting must be installed. This is particularly important in low-light conditions or overnight.
The scaffold must:
- Have lights fitted at each corner
- Be lit continuously between dusk and dawn
- Use non-trip lighting that doesn’t obstruct foot traffic
3. Regular Inspections
Scaffold must be inspected:
- Before initial use
- Every 7 days
- After any alterations or extreme weather
Records of these inspections must be kept on site. Only trained and qualified scaffolders are permitted to install or inspect the system.
What If You Don’t Get a Licence?
Using scaffolding on a public footpath without a licence is considered a breach of local authority regulations. This can result in:
- Fines issued by the council
- Forced removal of the scaffold
- Public liability claims if someone is injured
- Delays to your project while permissions are re-obtained
Even if the structure is only partially overhanging the footpath, it still needs permission. Never assume you can proceed without checking first.
Penalties and Enforcement
Local councils have enforcement powers under the Highways Act 1980. In many areas, fines can exceed £1,000 for non-compliance. Further penalties may apply if the structure causes an accident or obstructs emergency services.
It’s the responsibility of the scaffold company and, in some cases, the site manager or property owner to ensure all rules are followed. Working with an experienced company like helps reduce these risks from the outset.
How Long Is a Scaffold Licence Valid?
Most scaffold licences are valid for an initial period of 1 to 4 weeks, depending on the project. If the work overruns, the licence must be renewed or extended.
Councils can also carry out site inspections during the licence period. If the scaffold breaches safety or access conditions, they may:
- Request immediate changes
- Suspend or revoke the licence
- Charge additional fees
We recommend building in buffer time when applying, particularly for complex or weather-sensitive projects.
Access for the Public and Emergency Services
Another key rule when using scaffolding on a public footpath is ensuring that pedestrian and emergency access remains open.
This may involve:
- Temporary footpath diversions
- Using tunnels or walk-through scaffolds
- Providing warning signage far enough in advance
- Ensuring clear access for pushchairs, wheelchairs, and guide dogs
Emergency routes (such as fire escapes or vehicle access) must never be blocked. Councils will reject any application that compromises safety or emergency protocols.
Insurance and Liability
Public liability insurance is not just a formality — it’s a legal requirement for any scaffold on public land. It covers injuries to members of the public and damage to surrounding property.
A minimum of £5 million cover is usually required by local councils, though some may ask for more. At WBM Scaffolding, we carry full insurance cover and ensure that all our installations are backed by documented safety checks.
WBM Scaffolding Safe, Legal, and Fully Compliant
We specialise in safe and compliant scaffolding installations across Ashford, Kent, and surrounding areas. When working on projects that require scaffold on public footpaths, we take full control of:
- Licence applications and renewals
- Council liaison and documentation
- Insurance cover and safety protocols
- Installation, inspection, and dismantling
Our scaffolders are CISRS-qualified, and every project is carried out with risk assessments and method statements to ensure full legal compliance.
Want to see how we work? Check out our latest projects on Instagram, where we share updates, before/after photos, and safety tips from active sites.
Final Checklist
Before putting up scaffold on a public footpath, make sure:
- ✅ You have a scaffold licence from your local council
- ✅ A trained contractor is handling installation
- ✅ Public access and visibility are maintained
- ✅ Lighting and signage meet legal standards
- ✅ Inspections and records are kept
- ✅ You have adequate insurance
Need Help With a Scaffold Licence?
If you’re planning a project that may require scaffolding on or over a public footpath, it’s best to speak to a professional early. At WBM Scaffolding, we take care of everything — so you don’t have to worry about the legal red tape.
Contact us here to discuss your project and get expert advice from a qualified scaffolding team. Let us keep your project safe, legal, and on schedule.
