To secure the adoption of estate roads as public highway on completion, the developer is strongly advised to enter into an agreement with the Highway Authority under Section 38 of the Highways Act 1980. When a development receives approval under Building Regulations, the Highway Authority will seek a guarantee that all roads, footpaths, verges and so on will be completed in accordance with the standards set down by that authority. Before any building construction work begins on a site the developer must:
- complete payment of the estimated costs of the works under the Advance Payment Code of Section 219 of the Highways Act 1980; or
- enter into a Section 38 Agreement and provide a bond for due completion.
Once work has commenced on-site, the Highway Authority should be notified so that arrangements for regular inspection and approval can be made. Any highway work which has not been inspected will remain unadopted until relevant tests have been carried out at the developer’s expense.
Page updated: 30/01/2018