These Regulations may be cited as the Street and Road Works (Charges and Penalties) (Amendments) (England) Regulations 2025.
The Street and Road Works (Charges and Penalties) (Amendments) (England) Regulations 2025
Published: Tue 14th Oct 25
Came into force: Mon 5th Jan 26
- Department: Department for Transport
- Made under: New Roads and Street Works Act 1991, Traffic Management Act 2004
The Regulations doubled fixed penalties under certain street works regulations, modified the basis for charging for unreasonably prolonged occupation, and ring-fenced 50% of excess occupation charge proceeds for highway maintenance in England.
This statutory instrument, made under the powers of the New Roads and Street Works Act 1991 and the Traffic Management Act 2004, amends several pieces of legislation governing street and road works in England, with effect from January 5th, 2026.
The key changes involve doubling fixed penalty amounts for notice breaches and permit violations, extending the calculation basis for charges on unreasonably prolonged occupation, and requiring highway authorities to dedicate 50% of the net excess proceeds from occupation charges to highway maintenance.
Arguments For
Increased deterrence against non-compliance with notice requirements, permit conditions, and lengthy occupation of highways, due to doubled fixed penalties and associated fees.
Improved quality of road infrastructure by mandating that highway authorities reinvest 50% of net proceeds from occupation charges specifically into highway maintenance activities as defined under the Highways Act 1980.
Greater fairness in applying charges for unreasonably prolonged occupation, by extending the calculation basis to any day the overrun occurs, not just working days.
Arguments Against
Increased financial burden on utility companies and other statutory undertakers undertaking necessary road and street works due to significantly higher penalties.
Potential for increased administrative complexity for Approved Authorities when calculating and allocating the proceeds from highway occupation charges, ensuring 50% is strictly ringfenced for maintenance.
The changes primarily focus on financial penalties and charges without necessarily addressing the root causes of non-compliance or delays in street works.
The Secretary of State makes these Regulations in exercise of the powers conferred by sections 74(1), (5) and (5A), 74A(10)(a) and 104(1) and (1A) of, and paragraphs 4(1) and 5(2) of Schedule 4B to, the New Roads and Street Works Act 1991 and sections 37(1) and (6) and 39(2) of the Traffic Management Act 2004.
The Secretary of State is enacting these rules using specific powers granted by sections of the New Roads and Street Works Act 1991 and the Traffic Management Act 2004.
These legislative powers concern the regulation of street works, including charges and penalties.
Citation, commencement and extent1.
(1)
(2)
These Regulations come into force on 5th January 2026.
(3)
These Regulations extend to England and Wales.
The regulations are officially named the Street and Road Works (Charges and Penalties) (Amendments) (England) Regulations 2025.
They officially activate on January 5th, 2026.
Although the powers used relate to legislation covering both countries, the extent of these specific amendments applies to England and Wales.
Amendments to the Street Works (Fixed Penalty) (England) Regulations 20072.
(1)
The Street Works (Fixed Penalty) (England) Regulations 2007 are amended as follows.
(2)
In Schedule 2 (amount of penalty), in the table—
(a)
in each entry in column 4, for “£120” substitute “£240”
;
(b)
in each entry in column 5, for “£80” substitute “£160”
.
This part updates the Street Works (Fixed Penalty) (England) Regulations 2007 by adjusting the penalty amounts set out in Schedule 2.
Specifically, the amounts listed in column 4 are doubled from £120 to £240, and the amounts in column 5 are doubled from £80 to £160 across the board for relevant offenses.
Amendments to the Traffic Management Permit Scheme (England) Regulations 20073.
(1)
The Traffic Management Permit Scheme (England) Regulations 2007 are amended as follows.
(2)
In regulation 24 (penalties payable when fixed penalty notice given), in paragraph (1)—
(a)
in sub-paragraph (a), for “£500” substitute “£1,000”
;
(b)
in sub-paragraph (b), for “£120” substitute “£240”
.
(3)
In regulation 25 (discounts for early payment) in paragraph (2)—
(a)
in sub-paragraph (a), for “£300” substitute “£600”
;
(b)
in sub-paragraph (b), for “£80” substitute “£160”
.
The Traffic Management Permit Scheme (England) Regulations 2007 also receive updates regarding penalties.
Regulation 24, concerning fixed penalty notices, sees the amounts in sub-paragraphs (a) and (b) doubled, replacing £500 with £1,000 and £120 with £240, respectively.
Furthermore, Regulation 25, dealing with early payment discounts, updates the corresponding amounts, changing £300 to £600 and £80 to £160.
Amendments to the Street Works (Charges for Unreasonably Prolonged Occupation of the Highway) (England) Regulations 20094.
(1)
The Street Works (Charges for Unreasonably Prolonged Occupation of the Highway) (England) Regulations 2009 are amended as follows.
(2)
In regulation 9 (prescribed charges), omit “working”—
(a)
in both places it occurs in paragraph (3);
(b)
in each place it occurs in paragraph (4) (including Table 1); and
(c)
in paragraph 5, in Table 2.
The regulations modify the Street Works (Charges for Unreasonably Prolonged Occupation of the Highway) (England) Regulations 2009 concerning Regulation 9 on prescribed charges.
The word “working” is removed wherever it appears in paragraphs (3) and (4) (including Table 1) and in paragraph 5 of Table 2.
This change ensures that charges for occupation overruns apply to any day of overrun, not solely working days.
Amendments to the Street Works (Charges for Occupation of the Highway) (England) Regulations 20125.
(1)
The Street Works (Charges for Occupation of the Highway) (England) Regulations 2012 are amended as follows.
(2)
In regulation 7 (application of charges and keeping of accounts), for paragraph (2) substitute—
(2)
An Approved Authority must apply 50% of the net proceeds in accordance with each of the following paragraphs—
(a)
for purposes intended to reduce the disruption and other adverse effects caused by street works; and
(b)
for the purposes of highway maintenance.
(2A)
In paragraph (2)(b), “highway maintenance” means any activity carried out under section 41 of the Highways Act 1980.
The Street Works (Charges for Occupation of the Highway) (England) Regulations 2012 are modified concerning the allocation of charges under Regulation 7.
Paragraph (2) is replaced, requiring an Approved Authority to spend 50% of the net proceeds from charges on two defined purposes: reducing disruption from street works, and highway maintenance.
New paragraph (2A) clarifies that 'highway maintenance' refers specifically to activities undertaken under section 41 of the Highways Act 1980.
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