http://www.legislation.gov.uk/ukpga/1980/66/section/172Highways Act 1980An Act to consolidate the Highways Acts 1959 to 1971 and related enactments, with amendments to give effect to recommendations of the Law Commission.1981-03-01texttext/xmlenStatute Law Database2026-03-18Expert Participation2026-03-13 Part IX Lawful and Unlawful Interference With Highways and Streets Precautions to be taken in doing certain works in or near streets or highways Hoardings to be set up during building <Abbreviation Expansion="et cetera" xml:lang="la">etc.</Abbreviation>1721Subject to subsection (2) below, a person proposing to erect or take down a building in a street or court, or to alter or repair the outside of a building in a street or court, shall, before beginning the work, erect a close boarded hoarding or fence to the satisfaction of the appropriate authority so as to separate the building from the street or court.For the purposes of this section the appropriate authority, in relation to any street or court, is the council of the county , metropolitan district or London borough in which it is situated or, if it is situated in the City, the Common Council.2The obligation to erect a hoarding or fence imposed by subsection (1) above may be dispensed with if the appropriate authority so consent.3Where a person has erected a hoarding or fence in compliance with subsection (1) above, he shall—aif the appropriate authority so require, make a convenient covered platform and handrail to serve as a footway for pedestrians outside the hoarding or fence;bmaintain the hoarding or fence and any such platform and handrail in good condition to the satisfaction of the authority during such time as the authority may require;cif the authority so require, sufficiently light the hoarding or fence and any such platform and handrail during the hours of darkness; anddremove the hoarding or fence and any such platform and handrail when required by the authority.4A person aggrieved by the refusal of a consent under subsection (2) above or by a requirement under subsection (3) above may appeal to a magistrates’ court.5Subject to any order made on appeal, if a person contravenes this section he is guilty of an offence and liable to a fine not exceeding level 3 on the standard scale; and if the offence is continued after conviction he is guilty of a further offence and liable to a fine not exceeding £2 for each day on which the offence is so continued.S. 172 applied (27.7.1993) by 1993 c. xv, s. 38(13)S. 172 applied (21.7.1994) by 1994 c. xv, s. 39(12).S. 172: functions of local authority not to be responsibility of an executive of the authority (E.) (16.11.2000) by virtue of S.I. 2000/2853, reg. 2(1), Sch. 1Words inserted by Local Government Act 1985 (c. 51, SIF 81:1) s. 8, Sch. 4 para. 7Words substituted by virtue of Criminal Justice Act 1982 (c. 48, SIF 39:1), ss. 38, 46S. 172 excluded (24.9.2014) by The Thames Water Utilities Limited (Thames Tideway Tunnel) Order 2014 (S.I. 2014/2384), art. 1, Sch. 19 Pt. 1 para. 2(3)S. 172 excluded (15.4.2025) by The A122 (Lower Thames Crossing) Development Consent Order 2025 (S.I. 2025/462), arts. 1, 53(1) (with arts. 5, 43, 53(7), Sch. 14)S. 172 excluded (23.4.2025) by The Cambridge Waste Water Treatment Plant Relocation Order 2025 (S.I. 2025/452), art. 1, Sch. 17 para. 2(3) (with art. 50)