Section 38 Road Adoption Agreement

Posted Oktober 6th, 2021 by admin

A Section 38 (or S38) agreement is a section of the Highways Act 1980, which can be used when a developer proposes to build a new land road for residential, industrial or multi-purpose transportation, which can be offered to the highway for adoption as a public highway. The works must be built according to a project and a standard approved by the motorway authority. The developer is responsible for the execution of the work at its own expense and maintenance costs until its acceptance. There may sometimes be delays in the completion of the road, perhaps because the developer starts building the road before entering into the agreement under Section 38, tries to vary the standard terms of the County Council agreement in Section 38, the road is built slowly or is unfinished, the road is not built to County Council standards. There may be problems with the introduction of sewers under the new road, the road may be completed, but this may result in outstanding construction defects that the developer needs to correct. This can include things like faulty street lights, potholes, invaded edges, broken flow lids. Section 38 of the Highways Act 1980 provides that, where the building permit has been issued for a new development, developers may apply to the motorway authority to „adopt“ new roads built as part of the development, as well as associated infrastructure, such as sewers, lighting and support structures. A Section 38 agreement requires the developer to complete certain work within the prescribed time frame. For example, before occupying a dwelling in front of a new road, the pavement must be complete up to the base layer of the surface material (the layer below the final surface of the road), the sidewalks must be complete, and the street lighting must be operational. Therefore, compliance with the agreement should ensure a safe and usable motorway for local residents before formal adoption.

The construction of new roads in subdivisions is the responsibility of the developer who builds the development. In a large development, it may take some time.. . .

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