Putting a Skip on the Road in Scotland: Section 85 of the Roads (Scotland) Act 1984, Council Permits and Marking Rules

A skip on a Scottish street is regulated by a different Act from the one that applies in England and Wales. This guide summarises sections 59, 60, 85 and 86 of the Roads (Scotland) Act 1984 on legislation.gov.uk, Glasgow City Council’s skip permit conditions and Highland Council guidance last modified on 18 March 2026. It covers Scotland only, and the permit issued by the local roads authority is what counts. It is general information, not legal advice.

The permission and marking rule

Section 85(1) of the Act says a builders’ skip shall not be deposited on a road without the written permission of the roads authority, and without being clearly and indelibly marked with its owner’s name and telephone number or address. The Act defines a builders’ skip as a container designed to be carried on a road vehicle and placed on a road for the removal and disposal of builders’ materials, rubble, waste, household and other rubbish or earth, so a skip for house clearance falls within it.

Section 85(2) allows the permission to be granted unconditionally or subject to conditions, and says the conditions may in particular relate to the siting and lighting of the skip, the care of its contents and its removal at the end of the permitted period.

Who commits the offence

Under section 85(3), an owner who uses a skip, or causes or permits it to be used, on a road in contravention of the section commits an offence. Section 85(4) provides a defence, except for a failure to mark the skip with the owner’s details, if the owner proves that another person undertook responsibility for complying with the permission or condition, and that the offence occurred without the owner’s consent or connivance. That other person may be charged instead. The Highland Council adds that, under section 34 of the Transport (Scotland) Act 2005, it may issue a fixed penalty notice to both the skip hire company and its client for failing to obtain or comply with a permit, and Glasgow states that a skip left after its permission expires is liable to a fixed penalty notice.

What councils typically require

Glasgow City Council’s conditions, issued under sections 85 and 86 of the 1984 Act, include these requirements:

• skips positioned parallel to the carriageway edge, so they do not impede drainage or obstruct manholes or utility apparatus;
• each skip or group of skips marked, guarded and lit in line with Chapter 8 of the Traffic Signs Manual;
• red and yellow reflective markings under the Builders’ Skips (Markings) (Scotland) Regulations 1986;
• no flammable, explosive, noxious or dangerous material, and no contents falling on to the road;
• removal for emptying as soon as practicable and no later than two working days after filling; and
• the permit shown on demand to a police officer or council official.

The Highland Council sets similar rules: seven days’ notice, a maximum skip size of 5 metres by 2 metres, lamps on each corner and between cones at night, and removal within 24 hours if the council or police ask. It stresses that a skip permit does not cover road or footway closures, placement of building materials, or planning and building consents, which need separate permissions.

Marking, guarding and lighting

Section 60 of the Act separately requires anyone other than a roads authority who places something on a road so as to cause an obstruction to mark it so it is immediately visible to oncoming traffic, provide the lighting needed during the hours of darkness to prevent danger, and erect any necessary fences, barriers and traffic signs. The Act defines hours of darkness as the time between half an hour after sunset and half an hour before sunrise. Section 59 is the general rule on obstructions, and it disapplies itself where section 85 applies, so builders’ skips are dealt with under section 85.

Removal even with a permit

Section 86 provides that, even where a permit exists, a uniformed constable may require the removal or repositioning of a skip that is, in the constable’s opinion, causing or likely to cause danger or obstruction. The roads authority may require removal or repositioning where section 85 has been contravened and, if that does not happen within a reasonable time, may do it itself. Expenses can be recovered from the owner, and a skip whose owner cannot be traced may be disposed of with its contents. Customers who hire a skip should confirm who applies for the permit; the position in England and Wales is explained in the guides to skip permits and the public highway and skips on the road after the permit is granted.

FAQs

Who can be penalised if there is no permit?

The Act makes the skip owner liable, subject to a defence where another person took responsibility, and the Highland Council says it may issue a fixed penalty notice to both the skip hire company and its client.

Does the permit cover closing the pavement?

Not according to the Highland Council, which says a skip permit does not include road or footway closures or placement of building materials.

The bottom line

In Scotland a skip cannot be put on a road without the roads authority’s written permission and the owner’s name and contact details marked on it, under section 85 of the Roads (Scotland) Act 1984. Councils attach conditions on siting, lighting, markings and prompt removal, fixed penalty notices can reach both the skip company and its client, and a constable or the council can order a skip moved even when it is permitted. Checking who has obtained the permit before the skip arrives avoids the main risks. This is general information, not legal advice.

Sources

This guide draws on the following primary sources, current as of 9 October 2026:

• Roads (Scotland) Act 1984, sections 59, 60, 85 and 86 (legislation.gov.uk)
• Glasgow City Council, Skip permit: conditions (glasgow.gov.uk)
• The Highland Council, Builders’ skip guidance: permit to occupy a public road, page last modified 18 March 2026 (highland.gov.uk)

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