Is Blocking Someone's Driveway Illegal in the UK?

The question of whether blocking someone's driveway is legal in the UK is a common topic of discussion, often leading to confusion. This article aims to clarify the legal status and provide practical guidance on what actions should be taken if a driveway is blocked.

Understanding the Legal Implications

The straightforward answer is that blocking a driveway is not considered illegal in the UK. According to a post on Facebook a year ago, this issue was addressed by either a lawyer or a police officer. However, this does not mean there are no legal implications or actions that can be taken.

Legal Frameworks

While blocking a driveway may not be illegal, it can be considered an obstruction of the highway under the Road Traffic Act, or it could be classified as a wilful obstruction of the highway under the Highways Act if done deliberately. There are also lesser-known acts, such as the Local Government Miscellaneous Provisions Acts or the Town Police Clauses Act, which may apply in certain situations. However, a thorough check is required to determine the current applicability of these laws.

What Constitutes a Driveway?

A driveway, legally speaking, is defined as an area where the kerb has been dropped and the paved area has been checked for suitability by the local council or their agent. driving rules outlined in the Highway Code provide additional context. The Highway Code explicitly states that it is not acceptable to back out a vehicle onto a major road. This rule extends to driveways as well, yet many drivers ignore it.

When a vehicle is backed out onto a driveway, it can potentially lead to accidents, especially if it obstructs a side road or access for other vehicles. In such cases, the driver of the obstructing vehicle would be considered at fault.

What Actions Can Be Taken?

If you find a vehicle blocking your driveway, the first step should be to contact the neighbor to see if they know who the car belongs to. They should then be asked to move the vehicle. This approach is often the easiest and most straightforward solution.

Contacting Civil Parking Enforcement (CPE)

For driveways that extend onto or within a road (dropped kerb driveways), most local councils have taken on the responsibility for enforcing parking provisions. This is known as Civil Parking Enforcement (CPE). If your local council has taken on CPE, you can report an obstructing vehicle directly to them. You can check if your local council has taken on CPE via the following link.

Contacting the Police or Council

If your local council has not taken on CPE, you will need to contact your local police force. The policy for dealing with such matters may vary between different forces or councils. Some police forces may only respond if your car has been blocked in and you cannot leave your driveway.

Conclusion

While blocking someone's driveway is not illegal, it can lead to legal and practical issues. It is essential to address driveway blockages through proper channels, such as contacting neighbors or local authorities, to ensure safety and compliance with the law.