Road Works: Utilities

Utility companies already have a duty to maintain their apparatus in the street to the reasonable satisfaction of the highway authority. Where an authority becomes aware of defective apparatus they should notify the owner of the apparatus requiring the utility company to carry out remedial works. If the undertaker fails to act, the authority has powers to undertake the repairs and recover the costs.

We recognise that some defects and substandard reinstatements remain unresolved for extended periods. To drive improved performance and address poor compliance, we introduced a performance-based inspections regime in April 2023. This approach ensures that utility companies with higher failure rates are subject to more frequent inspections and incur proportionally higher inspection fees. The regime is underpinned by data from Street Manager, which enables quarterly adjustments to inspection rates based on reinstatement outcomes.

Given that this system has only recently been implemented, we believe it is appropriate to evaluate its effectiveness before considering any further legislative changes. We will review its impact on reinstatement quality and defect resolution in collaboration with stakeholders. This will include examining whether additional enforcement mechanisms such as fines for non-compliance would be proportionate, effective, and deliver improved outcomes. Any such proposals would be subject to consultation with stakeholders and assessment of their operational and financial implications.