Dropped Kerb Guide

Section 184 licences and NRSWA street works qualifications for dropped kerbs

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Quick answer. Section 184 of the Highways Act 1980 is the law councils in England and Wales use for vehicle crossings (dropped kerbs). Anyone can ask the highway authority to build one. Where a council lets you use your own contractor, it usually gives written permission, often called a "section 184 licence", with conditions. Separately, the New Roads and Street Works Act 1991 (NRSWA) requires street works to be supervised by a qualified supervisor, with a qualified operative on site, and councils commonly ask contractors for these street works qualifications and public liability insurance.

What section 184 says

Section 184 of the Highways Act 1980 applies in England and Wales. The parts that matter to homeowners:

The "section 184 licence"

The Act itself doesn't use the word "licence". It's the name many councils give to their written permission when they let a homeowner's own contractor build the crossing. Bracknell Forest, for example, asks you to complete a section 184 licence form with your contractor's insurance and accreditation, and Bridgend and Darlington use section 184 application forms. Licence fees vary: North East Lincolnshire charges a £100 administration charge for its section 184 licence, Reading a £625 licence fee and Dudley £910 for its section 184 road opening licence (including inspections). Some councils use a different power: Cheshire East and West Berkshire ask for a section 171 licence, which covers excavating in the highway. Others only let their own contractor do the work. Check who builds dropped kerbs where you live.

NRSWA street works qualifications

Section 67 of the New Roads and Street Works Act 1991 says an undertaker carrying out street works that involve breaking up the street must make sure the works are supervised by a person with a prescribed supervisor qualification, and that at least one person with a prescribed operative qualification is on site at all times while the works are in progress. Failing to do so is an offence.

In England, the government's guidance on street works qualifications explains how this works:

What councils ask contractors for

Of the 112 councils we've checked where you can use your own contractor (alone or as an alternative to the council), 60 mention street works (NRSWA) qualifications in their requirements and 55 state a minimum level of public liability insurance (£10 million: 13; £6 million: 1; £5 million: 40; £2 million: 1). The rest may still ask for these in their application packs. Some examples:

Each council page lists the requirements we found, with links to the council's own documents. Compare them on the council league table or find your council.

Hiring a contractor: what to check

  1. Read your council's contractor requirements and get its permission before any work starts.
  2. Ask to see street works cards for the operative and the supervisor. Check the certificates cover excavation and the right reinstatement work, and that they haven't expired.
  3. Ask for the insurance certificate and check the cover meets your council's minimum.
  4. Agree in writing who applies for the permission, who pays the council's inspection fees, and who puts right any defects the council finds.

Dropped Kerb Guide doesn't recommend or supply contractors. See choosing a dropped kerb contractor for more on what to ask.

Section 184 or section 50?

A section 50 street works licence (NRSWA) is a different permission, for placing or keeping apparatus such as pipes, cables or ducts in the street. It's the licence you'd need for an EV cable channel, for example. See EV charging cable channels.