13.12.2.L4 Updated on:

Permission to erect

Under the Highways (Jersey) Law 1956, a licence is needed before anything may be placed below, on or above any highway. This includes scaffolding. You need to apply to the Connétable of the Parish where the highway is.  You will need to complete an application form at least 7 days before the date you wish to begin work. A fee is payable although it is usually invoiced to the company putting up the scaffolding.

Finding out the name of a scaffold company when there is a problem

Scaffold companies should display their company name on the scaffolding.

Warning lights

It is the duty of the property holder to make sure that hazard lights are provided when necessary, not the contractor or scaffolder.

Tour d’echelle

This is the right in Jersey law to stand a ladder on the land of a neighbour in order to repair or reconstruct a building. The right is usually in the contract but can be claimed on payment of an indemnity even if there is no title. If there is no agreement, the width of land subject to the tour d’echelle varies with the height of the building, but is usually between 7 and 8 feet.

The right must be carried out so as to cause the least possible inconvenience to the owner of the property on whose land you are on. If any damage is caused to the neighbour’s property you must put it right.

As scaffolding is now required for any major works, under Health and Safety Regulations, it is assumed that the tour d’echelle right applies equally to the erection of scaffolding.

Health and Safety Regulations

Once scaffolding has been put up, there are various rules about inspections that need to be carried out regularly in the Management in Construction (Jersey) Regulations 2016. A record of the inspections needs to be kept.

Please see here.