Utility company roadworks explained

Emergency roadworks problems that pose a risk to public safety should be reported directly to us. See our Road emergencies page for details.

All other non-urgent utility company roadworks problems should be reported to the company responsible for the works. These include traffic issues, roadworks delays, signs left behind, or damaged equipment.

Management

Utility companies supply power, water, gas and telecoms to Surrey’s communities. They are responsible for the roadworks needed to install, maintain and repair these services.

Our Street Works team meets regularly with utility companies to review their work and resolve any issues.

Anyone planning non-emergency work on Surrey’s roads must apply for a permit through our permit scheme. This helps us coordinate work, manage disruption and ensure a fair approach.

We have a legal duty to coordinate work on the highway to help reduce disruption.

Utility companies must apply for permits or give advance notice before starting planned work. We review these applications and may apply conditions, change dates or restrict work during busy periods where possible.

We try to coordinate works wherever possible by encouraging companies to plan their works around each other. We do this by either postponing works to less busy times or getting the companies to work together within the same traffic management. However, sometimes that's not possible. Different utilities often have separate programmes, specialist equipment and statutory obligations, meaning works may need to take place at different times.

As the Highway Authority, we inspect utility company works at different stages to check the quality of their repairs. This is allowed under the New Roads and Street Works Act 1991 (NRSWA) (Legislation.gov.uk). We can charge a fee of £50 for each inspection.

Our officers can also visit sites at any time if there are concerns about poor workmanship. They carry out thousands of inspections each year to make sure work meets the required standards.

Emergency and safety

Utility companies have a legal right to access and maintain their equipment located beneath roads and pavements, such as pipes and cables, particularly when urgent repairs are needed to keep essential services running safely.

For emergency works, utility companies are permitted to begin work immediately to protect public safety or restore services. These emergencies can include:

  • Burst water mains,
  • Gas leaks,
  • Power outages
  • Loss of water, gas or telecommunications services (phone or broadband) to homes or businesses.

Although a permit is still required, we, Surrey County Council, cannot refuse emergency works. Instead, utility companies must notify us within two hours of starting work by submitting an emergency permit application.

Our Street Works officers may allow more time for emergency works if this allows a more permanent repair. This can reduce the need for further work at the same location.

Managing disruption

We try to keep disruption from emergency works to a minimum.

Although these works cannot be planned in advance, we still apply conditions where possible and inspect them in the same way as other roadworks.

Reporting safety issues

If you have found an issue that is a risk to public safety, please contact us directly using the details on the Road emergencies page.

Safety measures

Utility companies must follow strict safety rules when working on roads and pavements.

They must use measures such as:

  • signs to warn drivers and pedestrians
  • barriers to keep people away from work areas
  • traffic management, such as temporary traffic lights

These measures are in place to protect both the public and workers.

All roadworks must meet national safety standards, and we check that these are followed.

During roadworks

There are several reasons why no one may be working on a roadworks site:

  • Work is carried out in stages - specialist teams complete different parts of the job. For example:
    • digging the hole
    • installing or repairing equipment
    • refilling the hole
    • resurfacing the area
  • Traffic management is being set up - work may be waiting for traffic lights, signs or cones to be put in place so it is safe to begin.
  • Materials need time to set - surfaces such as concrete or tarmac need time to harden before they can be used. Roads and pavements can only reopen once they are safe.
  • Safety checks are taking place -  for example, during emergency gas works, gas may need to be safely released before repairs can begin.

Roadworks can involve noisy activities such as digging or drilling. These are often needed to access underground services and carry out repairs.

Some work takes place outside busy traffic times to keep roads open during the day.

Night-time works

Working at night can help reduce traffic disruption, especially on busy roads.

However, it can cause noise and disturbance for nearby residents. We decide working hours by balancing traffic, safety and the impact on the local community.

Reporting noise issues

If you are concerned about noise from roadworks, you can contact your local district or borough council’s Environmental Health team, who deal with noise complaints. Visit Report a noise nuisance to your council (GOV.UK) to find contact details of your local Environmental Health team.

After utility companies finish their work, they must restore roads, pavements and verges to a safe standard. This repair is called reinstatement.

They must follow a national code set by the Department for Transport. This is called the Reinstatement of Openings in the Highway (GOV.UK). It sits under Section 71 of the New Roads and Street Works Act 1991 (NRSWA) (Legislation.gov.uk).

The code sets out:

  • the materials they can use
  • how the work should be carried out
  • the standard the finished repair must meet

Utility companies must follow this code, so repairs are safe and last well. It applies to both temporary and permanent repairs, during the work and throughout the guarantee period. They are not legally required to go beyond these standards.

The code also allows some flexibility:

  • A temporary tarmac surface can be used for up to six months. This helps keep roads open while a permanent repair is planned.
  • Repairs usually only cover the area that was dug up, rather than the full width of the road or pavement. This is quicker and reduces disruption.
  • In some cases, we may ask for a wider repair. This can happen if the road has been recently resurfaced.

As the Highway Authority, we inspect utility company works at different stages to check the quality of their repairs. This is allowed under the New Roads and Street Works Act 1991 (NRSWA) (Legislation.gov.uk). We can charge a fee of £50 for each inspection.

Our officers can also visit sites at any time if there are concerns about poor work quality. They carry out thousands of inspections each year to make sure work meets the required standards.

After roadworks

We record poor-quality work on the Department for Transport’s online ‘Street Manager’ system. This alerts the utility company responsible.

They usually have 27 days to fix the problem, but they can ask for more time if needed. We then carry out another inspection.

If deadlines are missed, our senior officers raise this with the company. If the issue is still not resolved, we can arrange for the work to be completed and charge the cost back to the utility company. However, this is rarely needed.

If a company repeatedly fails to meet standards, we may carry out extra chargeable inspections and increase our monitoring. The company will also be expected to produce an action plan to improve its work.

There isn't a law that allows us to fine utility companies for poor quality work.

However, we can recover the cost of officer time spent inspecting repairs that do not meet standards.

In serious cases, where a repair creates an immediate risk to people or property, we can prosecute the utility company under the New Roads and Street Works Act 1991 (NRSWA) (Legislation.gov.uk).

Any fines issued by the courts are paid to central government, not to the council.

We charge penalties when utility companies break the conditions of a permit or carry out work without one. These are:

  • Notice and permit breaches: £240 (£160 if paid early)
  • Working without a permit: £1,000 (£600 if paid early)
  • Overrunning works: a daily charge if work continues beyond the agreed end date without approval.

Daily charges vary depending on the type of work and the road. They are used to discourage delays and reduce disruption. Charges can reach several thousand pounds.

For more information, see our permit scheme webpage.

A daily charge is applied if work continues beyond the agreed end date without approval. Daily charges vary depending on the type of work and the road. They are used to discourage delays and reduce disruption. Charges can reach several thousand pounds.

We can ask utility companies to repair any damage they cause to grass areas near their works, even if they did not dig them up. This helps make sure the area is restored to a reasonable condition.

Before we can do this, we need evidence that the damage was caused by the works. This may include:

  • documents
  • photos
  • other supporting information.

You can report online damage to grass verges and other grass areas.

The utility company responsible for the works is also responsible for putting right any damage caused as a result of those works.

If you believe works have caused damage to private property, such as a driveway, wall, garden or other private land, you should contact the utility company carrying out the works directly.

We can protect new roads and pavements for a short time after they are finished. We do this by sending a legal notice to utility companies (like gas, water or electricity). This is called a Section 58 notice.

The notice means utility companies cannot dig up the road or pavement for 3 to 5 years after it has been rebuilt or resurfaced. However, there are some exceptions.

Work is still allowed if it is:

  • Minor work that does not dig up the road
  • Emergency work (for example, fixing a burst pipe)
  • Work to connect a new customer
  • Work required by the Health and Safety Executive
  • Certain gas safety work required by law
  • Work that was planned under pipeline safety rules but could not have been identified earlier.

In most cases, utility companies guarantee their repairs for 2 years. During this time, they are responsible for fixing any problems with their work.

The guarantee period extends to 3 years for deeper works (over 1.5 metres) or where the road has a concrete surface.

After the guarantee period ends, we take responsibility for any future repairs and maintenance.


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