Many homeowners use traffic cones to try to keep a parking space free outside their property, but doing so could actually land them on the wrong side of the law.
With parking spaces increasingly difficult to find in many residential areas, some residents place cones on the road in an attempt to stop other drivers parking outside their homes. However, legal guidance warns that this practice is generally not permitted on public highways.
Can you legally put traffic cones outside your house?
The simple answer is no, unless you have permission from the local highway authority. According to Section 137 of the Highways Act 1980, it is an offence to wilfully obstruct the free passage of a highway without lawful authority or a valid excuse.
That means residents cannot reserve a parking space on a public road by placing traffic cones, bins or other objects outside their property. The space outside a home is not owned by the homeowner and is generally available for any driver to use, provided they are parked legally.
What if someone parks on your driveway?
The rules are different when a vehicle is on private property. Parking on somebody else's driveway without permission can be considered trespassing, which is usually treated as a civil matter rather than a criminal offence.
According to the Metropolitan Police, residents should first try speaking to the driver or leave a note if they are unable to locate them. If the issue continues, legal advice may be needed.
What if a vehicle blocks your driveway?
If a vehicle is preventing access to or from your driveway, the advice is to politely ask the owner to move it if possible. If that fails, residents can contact their local council. In situations where a vehicle is blocking a driveway and stopping a resident from getting their own vehicle out, police may be able to assist through non-emergency reporting channels.
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