Section 179: Control of construction of cellars etc. under street.

Highways Act 1980 · 1980 c. 66View on legislation.gov.uk

Part IX: Lawful and Unlawful Interference With Highways and Streets

A person aggrieved by the refusal of a consent, or by a requirement of a notice, under subsection (1) above may appeal to a magistrates' court.

A person who constructs works to which this section applies in contravention of this section is guilty of an offence and is liable to a fine not exceeding level 1 on the standard scale; and, subject to any order made on appeal, if he fails to comply with a requirement of a notice served on him under subsection (1) above he is guilty of a further offence and is liable to a fine not exceeding £2 for each day during which the failure continues.

The appropriate authority may also cause works to which this section applies constructed in contravention of this section to be removed, altered or otherwise dealt with as they think fit, and may recover the expenses reasonably incurred by them in so doing from the offender.

As soon as may be after an authority consent to the construction of works to which this section applies under a street they shall give notice of their consent to any public utility undertakers having any apparatus under the street.

Subject to subsection (7) below, the works to which this section applies are—

any part of a building; and
without prejudice to the generality of paragraph (a) above, a vault, arch or cellar, whether forming part of a building or not.

This section does not apply to street works within the meaning of Part III of the New Roads and Street Works Act 1991.

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Reuse reviewed 21 August 2026 under Open Government Licence v3.0.