S38 Agreements

A Section 38 Agreement (Highways Act 1980) is the usual method whereby highways provided by a developer may become maintainable at the public expense (formally adopted as public highway). Generally residents on a new development will benefit from adoption of new roads and footways and street lighting as the Highway Authority become responsible for  maintenance issues. Formal adoption generally takes place after a 12 month maintenance period and once the Highway Authority have carried out an inspection to sign off the works.