Getting a skip permit is only the start of the legal requirements for a skip on a public road. Sections 139 and 140 of the Highways Act 1980 and the Builders’ Skips (Markings) Regulations 1984 set duties for the skip’s owner, which usually means the hire company, and give councils and police powers to order a skip moved. This guide covers England and Wales, where these provisions apply, and is general information, not legal advice. Permit rules themselves are covered in the guide to skip permits and the public highway.

Permission and its conditions

Section 139(1) says a builder’s skip must not be deposited on a highway without the permission of the highway authority. Section 139(11) defines a builder’s skip as a container designed to be carried on a road vehicle and placed on a highway or other land to store builders’ materials or to remove and dispose of builders’ rubble, waste, household and other rubbish or earth, so a skip for household clearance is within the definition.

Under section 139(2) the authority can grant permission unconditionally or with conditions. The section gives examples of what those conditions may cover: the siting of the skip, its dimensions, how it is coated with paint or other material to make it immediately visible to oncoming traffic, the care and disposal of its contents, how it is lighted or guarded, and its removal at the end of the period of permission. A permit may therefore contain requirements that go beyond the general duties below.

What the owner must secure

Where a skip is on a highway with permission, section 139(4) requires the owner to secure four things:

• that the skip is properly lighted during the hours of darkness and, where regulations require it, is marked in accordance with them;
• that the skip is clearly and indelibly marked with the owner’s name and a telephone number or address;
• that the skip is removed as soon as practicable after it has been filled; and
• that each condition of the permission is complied with.

Failure is an offence for the owner, punishable by a fine of up to level 3 on the standard scale. For a skip on hire for a period of a month or more, section 139(11) treats the person in possession under the hire agreement as the owner, so a customer on a long hire can carry these duties.

The marking regulations

The Builders’ Skips (Markings) Regulations 1984 apply to each end of every builder’s skip any part of which is on a highway other than a footway or verge. Each end must carry a marking of two plates of equal size and shape, complying with a British Standard for rear marking plates for vehicles (BS AU 152: 1970). The stippled areas are red fluorescent material and the other areas yellow reflex-reflecting material. The plates must be fixed as close to the outer edges as the skip’s construction allows, no more than 1.5 metres from the ground, and not on a lid or door unless a door is the only practical place.

The markings must be clean, efficient and clearly visible for a reasonable distance to road users, although this does not apply to a marking on a door while it must be open for loading or unloading.

Orders to move or reposition a skip

Section 140 applies even where the skip is there with permission. The highway authority or a constable in uniform can require the owner to remove or reposition the skip, and the owner must comply as soon as practicable or commit an offence. The authority or the police can also remove or reposition the skip themselves. If a skip is removed, they must notify the owner where practicable, and if the owner cannot be traced or does not recover it within a reasonable time, the skip and its contents may be disposed of. Reasonable expenses, including storage, may be recovered from the owner as a civil debt.

An owner is not guilty of a siting-condition offence if the failure results from the skip being repositioned under this section.

What a permit does not do

Section 139(10) says nothing in the section authorises the creation of a nuisance or a danger to users of a highway, and it does not make a highway authority liable for injury, damage or loss resulting from the presence of the skip. Insurance questions are covered in the guide to skip hire liability and insurance.

The legislation database records that subsections 139(3) to (7) cease to have effect in part in London from 18 December 2013 by virtue of the London Local Authorities and Transport for London Act 2013, so the offence provisions for London boroughs may differ. Sizes and access for skip hire are in the guide to hiring a skip.

FAQs

Who is responsible for lighting the skip at night?

Section 139(4) makes the owner responsible for securing that the skip is properly lighted during the hours of darkness. A skip on hire for a month or more counts the hirer as the owner.

Can the council make me move a skip that has a permit?

Yes. Section 140 lets the highway authority or a uniformed constable require the owner to remove or reposition a skip even if it has permission.

Do these rules apply in Scotland or Northern Ireland?

No. The sections are marked as applying to England and Wales.

The bottom line

In England and Wales, a skip placed on the road with permission must be lit at night, marked as the regulations require, labelled with the owner’s name and contact details, and removed soon after it is full. Councils and police can order a skip moved even after granting permission, and a permit does not remove the owner’s responsibility for danger or nuisance. This is general information, not legal advice.

Sources

This guide draws on the following primary sources, current as of 25 September 2026:

• legislation.gov.uk, “Highways Act 1980, section 139: Control of builders’ skips”
• legislation.gov.uk, “Highways Act 1980, section 140: Removal of builders’ skips”
• legislation.gov.uk, “The Builders’ Skips (Markings) Regulations 1984”

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