The UK Department for Transport has published statutory guidance on cost recovery under two long-standing pieces of legislation and the Transport Infrastructure (Fees) Regulations 2026.
The document, titled "Statutory guidance: Public authority cost recovery under the Highways Act and Transport and Works Act," was issued on 6 November 2026 and is aimed at public authorities, highways authorities and those preparing applications for Transport Works Act Orders.
The guidance explains how cost recovery arrangements are to be interpreted and applied in relation to the Transport Infrastructure (Fees) Regulations 2026, offering a single reference point for authorities and applicants who must now follow the 2026 regulations when considering charges and recoverable expenses.
Scope and legal framework
The guidance sits alongside the Highways Act and the Transport and Works Act and addresses the specific question of who may recover costs and by what mechanisms where the 2026 regulations apply. It sets out the framework within which public bodies should assess, record and seek recovery of costs connected to consenting, regulating or processing infrastructure proposals governed by the Transport Works Act and related highways provisions.
Intended audience and use
Public authorities and highways authorities are identified as the primary audience, with applicants for Transport Works Act Orders explicitly included; the guidance is therefore intended to assist both decision makers and applicants in understanding their respective responsibilities under the new fees regime. By bringing the arrangements under the heading of the Transport Infrastructure (Fees) Regulations 2026, the Department for Transport provides a consolidated reference to support consistent implementation across different authorities.
The guidance places the emphasis on transparency and clarity in cost recovery practices, signalling an expectation that authorities will follow a consistent approach when applying the 2026 regulations. It also offers an authoritative statement on which types of activity and administrative effort may fall within recoverable costs, so that both applicants and authorities can align practice with regulatory requirements.
Practical implications for applicants are likely to include clearer information on when fees or charges may be levied and the basis on which authorities will calculate recoverable sums, while authorities will have a defined set of considerations to apply when seeking to recover costs under the Transport Infrastructure (Fees) Regulations 2026. The Department for Transport’s publication therefore provides a procedural touchstone for parties engaged in projects that require Transport Works Act Orders or interact with highways consenting processes.
The guidance was published as part of the Department’s implementation of the Transport Infrastructure (Fees) Regulations 2026 and was dated 6 November 2026, making it the reference document for cost recovery procedures under those regulations from that date. Authorities and applicants handling current and forthcoming proposals governed by the Highways Act and the Transport and Works Act should consult the guidance when determining fees, invoicing and the recovery of administrative or professional costs.
In providing a statutory statement, the Department for Transport seeks to reduce uncertainty about the application of the 2026 regulations and to ensure that cost recovery is undertaken on a consistent basis across the public sector bodies responsible for highways and transport infrastructure. That consistency is intended to assist both the public bodies enforcing the regulations and the applicants who must budget for potential charges associated with statutory orders and related processes.
Readers, including decision makers and those preparing applications, are advised to consult the published guidance for the Department for Transport’s formal position on cost recovery under the Highways Act and the Transport and Works Act in the context of the Transport Infrastructure (Fees) Regulations 2026. The document represents the Department’s consolidated guidance on the subject as published on 6 November 2026.