Apply for a Section 50 licence

A Section 50 licence is a permit for a private person or organisation to install a new apparatus or work on an existing apparatus across or along a public highway.

 An apparatus could be a:

• drain
• fibre optic cable
• duct
• sewer, water or gas pipe

A Section 50 Licence will only be issued by us when we have confirmation that the apparatus will be adopted and maintained by a statutory undertaker (from the point that the SWL4 form has been accepted).

Once approved, you'll receive a digital copy of the licence certificate. 

If you're not the landowner, a licence will also granted to the landowner giving permission to carry out works to install or maintain an apparatus in the highway within specified dates.

There are several steps to your application:

1. Read the  pdf guidance for applicants(203 KB) .
2. Check if you need to apply separately for road closures or have portable signals in place.
3. Fill in the Section 50 Licence application form for placing new or repairing existing apparatus in the highway using the SWL2 form.
4. Tell all statutory undertakers about your works on the SWL5 section of the application form. 
5. Confirm your works finish date and register your works within 10 days of completion using the SWL4 form.

When you apply for a Section 50 Licence you'll become a works undertaker. You must read the  pdf guidance for applicants(203 KB)  to understand your responsibilities. As the licence holder, you can be fined if you don't meet the statutory duties imposed by the New Roads and Streetworks Act (NRSWA) Go to http://www.legislation.gov.uk/ukpga/1991/22/contents (opens new window). 

Before you apply, you must: 

• appoint an accredited contractor to do the work as you'll need to attach a copy of the supervisor and operative's street work qualification card to your application
• have a public liability insurance of at least £5 million up to the completion of the works and attach a copy as proof

Note: A Section 50 licence will not be issued for works which are non-passive such as: gas, electricity, foul water/drainage that is not subsequently adopted by a statutory undertaker.

You'll also need to check whether you need to apply for:

• portable signals and have traffic signs in place
• road closures, which need 10 weeks' notice

There's an application fee for a Section 50 Licence and you may be liable for supplementary charges mirroring those which apply to a statutory undertaker under the New Roads and Street Works Act 1991 (NRSWA). 

Application fees

A Section 50 licence application costs a minimum of: 

• £615 for work on a new apparatus
• £429 for work on an existing apparatus

The cost includes the inspection of the first 200m length of road. You must pay £150 for each additional 200m length of road and each additional road affected.

Refunds

Applications cancelled: 

• within 2 weeks of the application date are subject to a 50% charge of the application fee element
• after 2 weeks of the application date are subject to a 100% charge of the application fee element

Fixed Penalty Charge of £160

You'll face a penalty charge if:

• the form SWL4 (indicating reinstatement date, site clear date, and dimensions of reinstatement) is submitted more than 10 working days after the site has been cleared following works completion

Charges for Defective Reinstatement inspections

If your reinstatement(s) is found to be defective you'll be charged a Defect charge of £120.

This will be followed by a further charge of £120 if the Defect is not repaired or resolved within 21 calendar days of our informing you of the Defect.

A Defective Reinstatement charge will be issued against any works where a temporary reinstatement is not made permanent within 6 months. Find out more in the 'When you've completed the works' section of this guide.

Section 74 over-run charges

It's essential that you're aware of the possible scale of charges that will apply should works continue beyond the agreed finish date (the 'reasonable period') as they can be substantial.

These charges apply for each calendar day that works or traffic management remain on site, and if highway marking or surfacing is not restored upon completion of works.

We charge between £250 and £10,000 per day depending on the nature of the road. Read the pdf full table of charges(192 KB) .

You must apply at least 4 weeks before your proposed start date.

We may agree to a shorter period in emergency cases. Contact traffic@bristol.gov.uk if you need more details about emergency applications.

Form attachments

You'll need to attach the following documents to your form:

• a scale plan of the works area
• a copy of the supervisor's streetworks qualification card
• a copy of the operative's streetworks qualification card
• a copy of your insurance indemnity certificate
• written confirmation from the relevant statutory undertaker that, upon completion of works, they will adopt and maintain the apparatus:
  • sewage and drainage connections from Wessex Water
  • electrical connections from National Grid
  • gas connections from Wales and West Utilities
  • telecoms connections from relevant network provider

Before submitting your licence application you'll also need to tell all statutory undertakers about your works.

It's your responsibility to contact all the relevant statutory undertakers on this list to ask about the location of their apparatus.

Apply

Apply for a Section 50 licence (SWL2 and SWL5)

We'll carry out 3 inspections:

• one during the works
• one within 6 months of works completion
• one 6 to 24 months after completion (or 6 to 36 months after completion for excavations deeper than 1.5 metres)

You must tell us about the completion of your works within 10 working days using the registration of works SWL4 form below, and confirm whether your reinstatement of the street is either temporary or permanent.

A reinstatement may be temporary to avoid over-running but must become permanent within 6 months.

You must contact us before you carry out a Temporary to Permanent reinstatement. A new Section 50 Licence will not be required for this, however you'll need to write to us to agree the Permanent Reinstatement works date, and then fill in another registration of works SWL4 form once those follow-up works are complete.

A Defective Reinstatement charge will be issued against any works where a temporary reinstatement is not made permanent within 6 months. 

You must submit this form within 10 working days of the completion of your work otherwise you'll receive a penalty charge of £160.

Registration of works (SWL4 form)

You'll have to fix faulty reinstatements and we'll charge you for any follow-up inspections. 

Once the reinstatement has been accepted, you must guarantee it for a period of:

• 2 years if the depth of ground over the buried apparatus is less than 1.5 metres
• 3 years if the depth of ground over the buried apparatus is greater than 1.5 metres