Question to the Department for Transport:

To ask the Secretary of State for Transport, when her Department plans to implement the planned doubling of fines available to local councils for utility companies that breach permit conditions or carry out unauthorised roadworks.

Following a public consultation in 2024, the Government confirmed its intention to double the level of fixed penalty notices for certain street works offences including breaching permit conditions.

The necessary secondary legislation to enact these changes has been laid in Parliament and the new penalty levels will come into force on 05 January 2026 to provide the industry and local highway authorities with the necessary time to ensure they are adequately prepared and equipped to comply with the new measures.

We do know that some problems with the highway surface have been caused by utility reinstatements so to drive up the quality and durability of reinstatements following works the Department for Transport introduced a new performance-based inspections regime in April 2023 to ensure utility companies were incentivised to produce reinstatements that are fit for purpose. Each inspection carried out by an authority is paid for by the utility company and inspections are based on performance, with those that have a high rate of defects inspected more.

Highway authorities also have the power to direct utility companies to carry out remedial works at the utility company’s expense if they identify reinstatements that do not meet the required standards. If the utility company still fails to put things right, the authority can carry out the works and charge the utility company the costs for doing so. Reinstatements must also be guaranteed for two years for most works, and three for deeper excavations.

A period of implementation is necessary to assess the impact of the revised penalty regime and determine whether it achieves the intended improvements in compliance. The department will also evaluate the effectiveness of the updated inspection framework in delivering higher-quality reinstatements before considering any further changes to the level of fines or enforcement measures.