Frequently asked questions

The Council receives a number of enquiries and questions every day, often asking "who is digging up the road?" It is a common misconception that the Council is responsible for all excavations on the highway. In fact, statutory undertakers carry out the vast majority of highway excavations.

Statutory undertakers are required to display courtesy boards where they are working. These boards should display contact telephone numbers and, in some cases, the name of the person who will assist in dealing with enquiries.

Legally neither the Council nor any statutory undertaker has a duty to tell people that the road is about to be dug up.

Although it might seem like a good idea for the Council to do it anyway, the scale of the problem is greater than most people realise. Each year the Council receives about 30,000 notices from statutory undertakers telling us of their intention dig up roads. Over 90% of these give less than seven days advance notice.

When large-scale works are planned, we get 3 months notice. In these cases we encourage the statutory undertaker involved to let local people know in advance, and where traffic disruption is likely, we try to put up signs alerting motorists.

Statutory undertakers are organisations licensed by the government to dig holes in roads, verges, footways (pavements) under The New Roads and Street Works Act 1991 NRSWA.

This includes all the well known utilities – Gas, Electricity, Water, British Telecom, Cable Television, - as well as other telecommunication companies.

The objectives of the act are:
• to ensure safety
• to minimise inconvenience to users of the road and footway network, especially the disabled
• to protect the structure of the street scene, particularly its apparatus

Statutory undertakers must inform local authorities of their planned works on the public highway.

The period of notice that must be given to local authorities before such works can commence, depends on the magnitude, nature and location of individual schemes. For emergency works, local authorities should be notified no later than 2 hours after work has begun.

Yes. Approximately 30% of these works are inspected by officers of the Council at differing stages of progress.

Any defects that come to light are reported to the relevant statutory undertaker, so that appropriate action can be taken.

Statutory undertakers are also obliged to conform to a Code of Practice for the site safety of all the schemes they are responsible for. For works carried out by statutory undertakers, there is also a minimum of two years guarantee period. If the quality of the reinstatement work is found to have failed during this period, the statutory undertaker will be required to put it right.

Local authorities have the power to monitor and co-ordinate all such works, but do not directly manage the workings of statutory undertakers.

Restrictions as to the time of certain works can be imposed, for example, to minimise traffic congestion on important roads during peak hours. Planned works are not normally allowed in residential areas between late evening and early morning.

Section 58 of the New Roads and Street Works Act 1991, enables local authorities to prevent statutory undertakers from carrying out planned excavations within 12 months of roads/ footways having been resurfaced or re-laid.

Some exceptions are permitted in the case of safety and emergency works or supplies to new premises.

Yes. Local authorities have the legal right, under section 74 of The New Roads and Street Works Act 1991, to impose a penalty on statutory undertakers who fail to complete their works on time, unless approval has been given to extend the time-scale.

The size of the penalty can range from £100 to £2500 per day.

Yes. To assist in the co-ordination of works and to avoid digging up the same holes time and time again, regular requests are made to all statutory undertakers for details of their planned works.

Quarterly co-ordination meetings are also held with representatives of all statutory undertakers, as well as other interested parties.