The Transport Infrastructure (Fees) Regulations 2026

Published: Fri 30th Oct 26

Authorized public authorities to charge cost-recovery fees for services related to highways, railways, and tramway infrastructure applications starting 20 November 2026.

These regulations authorize specific public authorities, including the Environment Agency and National Highways, to charge fees for services provided in connection with transport infrastructure projects under the Highways Act 1980 and the Transport and Works Act 1992.

The document establishes a cost-recovery framework where fees must not exceed the reasonable costs incurred by the authority and requires that fee structures be published online. The regulations apply to highway authorities and applicants for transport orders in England and Wales, with specific provisions for cross-border projects.

Arguments For

The regulations state that fees are intended to recover the costs reasonably incurred or to be incurred by public authorities in providing services related to infrastructure projects.
Proponents argue that allowing authorities to charge for services like consultation or technical advice ensures that the cost of processing specific infrastructure applications is borne by the project sponsors rather than general taxpayers.
The document specifies that fees must be transparently managed through statements published on the charging authority's website, including the method of calculation and legal basis.

Arguments Against

Legal scholars may question the ambiguity regarding what constitutes a service "reasonably incidental" to the provision of the primary service, which could lead to disputes over fee amounts.
Affected highway authorities and private applicants might argue that these charges increase the overall financial burden and complexity of delivering critical transport infrastructure.
Local authorities in Wales and organizations like Natural Resources Wales have expressed concerns regarding the scope of their involvement in "cross-border orders" and the administrative overhead of managing new billing systems.

Part 1 Introductory

Citation, commencement, extent and application

1.—(1) These Regulations may be cited as the Transport Infrastructure (Fees) Regulations 2026 and come into force on 20th November 2026.
(2) These Regulations extend to England and Wales.
(3) Part 2 applies in relation to England.
(4) Part 3 applies in relation to England and cross-border orders(3).

(3) For the meaning of “cross-border order”, see section 23A(9) of the Transport and Works Act 1992.

This section establishes the official title of the instrument and sets the commencement date as 20 November 2026.

It defines the geographic reach as England and Wales, while specifying that Part 2 (highways fees) is limited to England and Part 3 (transport and works fees) includes cross-border orders.

A cross-border order refers to projects that affect both England and Wales under the Transport and Works Act 1992.

Part 2 Fees under section 281B of the Highways Act 1980

Prescription of public authorities and other matters under section 281B of the Highways Act 1980

2.—(1) The public authorities(4) listed in paragraph 1 of Schedule 1 are prescribed for the purposes of section 281B(1) of the Highways Act 1980 (power to provide for fees for certain services).

(2) Schemes made, or proposed to be made, under section 16 or 106 of the Highways Act 1980(5) are prescribed for the purposes of section 281B(2)(b) of that Act.

This section identifies the specific public bodies that are permitted to charge fees for services related to highway projects.

It also specifies that these fees apply to schemes involving special roads, bridges over navigable waters, or tunnels under navigable waters.

The list of eligible authorities is detailed in the first schedule of the regulations.

Power to charge fees in relation to the provision of relevant services

3.—(1) Subject to the provisions of this regulation, a prescribed public authority may charge fees to a highway authority(6) in relation to the provision of a relevant service(7).

(2) The public authority may charge fees under paragraph (1) only in accordance with a statement published on its website which—

(a) describes the relevant services for which fees are charged,
(b) sets out the fees or, if applicable, the method by which fees are to be calculated, and
(c) refers to any provision in an enactment pursuant to which the relevant services are provided.

(3) The fees may take account of the costs of anything that is reasonably incidental to the provision of the relevant service by the public authority.

(4) The fees charged in relation to the provision of a relevant service must not exceed the costs reasonably incurred or to be incurred by the public authority in providing the relevant service.

(5) This regulation is without prejudice to any power to charge fees under section 43(1) of the Environment Act 1995(8), section 27 of the Marine and Coastal Access Act 2009(9) and section 33(6) of the National Heritage Act 1983(10).

This provision permits public authorities to charge highway authorities for services, provided they publish a detailed fee schedule or calculation method on their website. It limits the total fee amount to the actual cost of providing the service and incidental activities.

It also clarifies that these new powers do not override existing fee-charging authorities granted to the Environment Agency, Marine Management Organisation, or Historic England under other laws.

Supplementary powers in relation to the charging of fees

4.—(1) A prescribed public authority may, in accordance with a statement published on its website, do any of the following in relation to the fees referred to in regulation 3(1)—

(a) provide the highway authority with a written estimate of the fees before providing the relevant service;
(b) require all or part of the fees to be paid in advance of providing the relevant service;
(c) approve the payment of the fees by instalments;
(d) waive or refund all or part of the fees.

(2) Where the public authority decides to waive or refund all or part of the fees, it must notify the highway authority of the waiver or refund in writing.

This section grants public authorities administrative flexibility in how they handle fee payments.

They are authorized to provide advance estimates, demand upfront payments, or allow the highway authority to pay in installments.

It also enables authorities to waive or refund fees at their discretion, provided they give written notice to the highway authority.

Notification and payment of fees

5.—(1) A prescribed public authority charging fees to a highway authority under regulation 3(1) must notify the highway authority in writing of the amount of fees being charged.

(2) The highway authority must pay the fees to the public authority within such period or (in relation to payment by instalments) periods as may be specified in the notice, provided the period or periods are not less than 21 days beginning with the date of the notice.

(3) If the highway authority fails to do so, the public authority may—

(a) where the overdue amount relates to a relevant service which has been provided in full, recover from the highway authority as a civil debt the overdue amount;
(b) where the overdue amount relates to a relevant service the provision of which has not been commenced, notwithstanding any requirement to provide the relevant service in full, withhold the relevant service until the overdue amount is paid;
(c) where the overdue amount relates to a relevant service which has been provided in part, notwithstanding any requirement to provide the relevant service in full, do either or both of the following—
(i) recover from the highway authority as a civil debt the overdue amount;
(ii) withhold the unprovided part of the relevant service until the overdue amount is paid.

This section outlines the legal process for invoicing and debt recovery.

Highway authorities are given at least 21 days to pay a fee after receiving notice. If payment is not made, the providing authority has the legal right to stop work on the service or take legal action to recover the money as a civil debt.

Part 3 Fees under section 23A of the Transport and Works Act 1992

Interpretation

In this Part, “applicant” means an applicant under section 6 of the Transport and Works Act 1992(11).

This section defines the term 'applicant' for the purpose of infrastructure projects involving railways, tramways, or inland waterways.

An applicant is any person or entity applying for an order to authorize these types of transport systems.

Prescription of public authorities for the purposes of section 23A(1) of the Transport and Works Act 1992

The public authorities(12) listed in paragraph 1 of Schedule 2 are prescribed for the purposes of section 23A(1) of the Transport and Works Act 1992 (fees for certain services in connection with orders).

This provision identifies the specific public bodies that may charge fees to applicants for transport and works orders.

The list, found in Schedule 2, includes a broader range of authorities than Schedule 1, specifically incorporating Welsh bodies for cross-border projects.

Power to charge fees in relation to the provision of relevant services

8.—(1) Subject to the provisions of this regulation, a prescribed public authority may charge fees to an applicant in relation to the provision of a relevant service(13).

(2) The public authority may charge fees under paragraph (1) only in accordance with a statement published on its website which—

(a) describes the relevant services for which fees are charged,
(b) sets out the fees or, if applicable, the method by which fees are to be calculated, and
(c) refers to any provision in an enactment pursuant to which the relevant services are provided.

(3) The fees may take account of the costs of anything that is reasonably incidental to the provision of the relevant service by the public authority.

(4) The fees charged in relation to the provision of a relevant service must not exceed the costs reasonably incurred or to be incurred by the public authority in providing the relevant service.

(5) This regulation is without prejudice to any power to charge fees under section 43(1) of the Environment Act 1995, section 27 of the Marine and Coastal Access Act 2009 and section 33(6) of the National Heritage Act 1983.

This regulation mirrors the fee-charging powers for highways but applies them to applicants for railway or waterway orders.

It mandates that authorities publish their fees online and ensures that charges are limited to recovering the actual costs of providing the services.

Supplementary powers in relation to the charging of fees

9.—(1) A prescribed public authority may, in accordance with a statement published on its website, do any of the following in relation to the fees referred to in regulation 8(1)—

(a) provide the applicant with a written estimate of the fees before providing the relevant service;
(b) require all or part of the fees to be paid in advance of providing the relevant service;
(c) approve the payment of the fees by instalments;
(d) waive or refund all or part of the fees.

(2) Where the public authority decides to waive or refund all or part of the fees, it must notify the applicant of the waiver or refund in writing.

This section provides administrative powers regarding fee collection for transport and works orders.

It allows authorities to provide estimates, request advance payment, or agree to installments, similar to the highway fee provisions.

Notification and payment of fees

10.—(1) A prescribed public authority charging fees to an applicant under regulation 8(1) must notify the applicant in writing of the amount of fees being charged.

(2) The applicant must pay the fees to the public authority within such period or (in relation to payment by instalments) periods as may be specified in the notice, provided the period or periods are not less than 21 days beginning with the date of the notice.

(3) If the applicant fails to do so, the public authority may—

(a) where the overdue amount relates to a relevant service which has been provided in full, recover from the applicant as a civil debt the overdue amount;
(b) where the overdue amount relates to a relevant service the provision of which has not been commenced, notwithstanding any requirement to provide the relevant service in full, withhold the relevant service until the overdue amount is paid;
(c) where the overdue amount relates to a relevant service which has been provided in part, notwithstanding any requirement to provide the relevant service in full, do either or both of the following—

(i) recover from the applicant as a civil debt the overdue amount;

(ii) withhold the unprovided part of the relevant service until the overdue amount is paid.

This regulation sets the payment deadline for transport and works project applicants at a minimum of 21 days from the notice date.

It authorizes the public body to halt service provision or initiate civil debt recovery if the applicant fails to pay on time.

Part 4 Transitional provisions

11.—(1) Part 2 does not apply where the relevant service is provided in connection with—

(a) an order or proposed order under Part 2 or 6 of the Highways Act 1980 in respect of which a notice was first published in accordance with paragraph 1, 1A or 2 (as applicable) of Schedule 1 to that Act(14) before 20th November 2026,
(b) a scheme or proposed scheme under section 16 or 106 of the Highways Act 1980 in respect of which a notice was first published in accordance with paragraph 10 of Schedule 1 to that Act(15) before 20th November 2026,
(c) an order under Part 12 of the Highways Act 1980 in respect of which a notice was first published in accordance with section 11(1)(a) or (b) of the Acquisition of Land Act 1981(16) before 20th November 2026, or
(d) an order or proposed order under Part 12 of the Highways Act 1980 in respect of which a notice was first published in accordance with paragraph 2(1)(a) or (b) of Schedule 1 to the Acquisition of Land Act 1981 before 20th November 2026(17).

(2) Part 3 does not apply where the relevant service is provided in connection with an application under section 6 of the Transport and Works Act 1992 which was made to the Secretary of State before 20th November 2026.

These provisions ensure that projects already in the formal statutory pipeline before 20 November 2026 are not subject to the new fee requirements.

It exempts highways schemes and transport applications where the public notice was published or the application was submitted before the regulations came into force.

Schedule 1

Regulation 2

List of Public Authorities prescribed under section 281B of the Highways Act 1980

The public authorities listed in this paragraph are—
(a) the Coal Authority;
(b) the Environment Agency;
(c) the Health and Safety Executive;
(d) the Historic Buildings and Monuments Commission for England;
(e) local authorities in England;
(f) the Marine Management Organisation;
(g) Natural England;
(h) National Highways;
(i) Transport for London.
In this Schedule, “local authority in England” means—
(a) a county council in England;
(b) a district council;
(c) a London borough council;
(d) the Common Council of the City of London;
(e) the Council of the Isles of Scilly;
(f) a National Park authority;
(g) the Broads Authority.

This schedule lists the specific bodies authorized to charge fees for highways-related services.

It includes national environmental, safety, and heritage bodies, as well as all tiers of local government in England, including National Park authorities.

Schedule 2

Regulation 7

List of Public Authorities prescribed under section 23A(1) of the Transport and Works Act 1992

The public authorities listed in this paragraph are—
(a) the Coal Authority;
(b) the Environment Agency;
(c) the Health and Safety Executive;
(d) the Historic Buildings and Monuments Commission for England;
(e) local authorities in England;
(f) local authorities in Wales, where providing relevant services in connection with an application for a cross-border order;
(g) the Marine Management Organisation;

(h) Natural England;
(i) National Highways;
(j) Natural Resources Wales, where providing relevant services in connection with an application for a cross-border order;
(k) Transport for London;
(l) the Welsh Ministers, where providing relevant services in connection with an application for a cross-border order.

In this Schedule—

“local authority in England” has the meaning given in paragraph 2 of Schedule 1;

“local authority in Wales” means—

(a) a county council in Wales;
(b) a county borough council;
(c) a National Park authority.

This schedule lists the bodies authorized to charge fees for Transport and Works Act applications.

In addition to the English authorities listed in Schedule 1, it includes Welsh local authorities, Natural Resources Wales, and the Welsh Ministers, though their charging power is restricted to cross-border orders.

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