Construction & Property

Adopt new roads and streets for developers

How to get new roads adopted as publicly maintained highways through Section 38 agreements under the Highways Act 1980. Covers the adoption process, bond requirements, construction to adoptable standard using DMRB or local design guides, inspection fees, maintenance periods, final adoption, Section 219 advance payments for private streets, and the Section 228 adoption process for existing private streets.

UK-wide
Guide summary

You must get new roads in your development adopted by the local council before selling properties. Enter a Section 38 agreement, build the road to council standards, and maintain it for 12 months. The council will then take responsibility for upkeep.

  • Enter a Section 38 agreement with the council before building roads
  • Build roads to council standards (DMRB or local design guide)
  • Provide a bond worth 100-150% of the road construction cost
  • Pay council inspection fees during construction
  • Maintain the road for 12 months after completion
  • Council takes over maintenance after successful inspection
  • Unadopted roads can lower property values and create legal risks
  • Section 38 agreements often required by planning permission
  • Bond returned when council issues final adoption certificate
  • Street lighting must meet council standards if required
On this page
UK-wide

Related guides in Planning Permission

When you build new roads as part of a residential or commercial development, those roads will be private streets unless they are formally adopted by the local highway authority. Adoption means the highway authority takes over responsibility for maintaining the road at public expense. Without adoption, the maintenance obligation remains with the developer or, ultimately, the frontage property owners.

Road adoption matters because it directly affects your development's saleability and your long-term liability. Homebuyers and their solicitors will check whether roads are adopted. Unadopted roads can reduce property values, create ongoing maintenance disputes, and expose you to liability for damage or injury caused by poor road condition. Mortgage lenders may also be reluctant to lend on properties served by unadopted roads.

Planning permission for new developments that include the construction of roads almost always includes a condition requiring the developer to enter into a Section 38 agreement with the highway authority. Even where planning permission does not explicitly require it, failure to secure adoption can trigger Section 219 advance payment obligations, which require you to deposit the estimated cost of making up the street to adoptable standard before construction begins.

When this guide applies

This guide applies to you if you are:

  • A property developer constructing new roads as part of a residential or commercial development in England or Wales
  • A contractor engaged to construct roads to adoptable standard for a developer
  • A developer seeking to adopt existing private streets that serve your completed development

This guide covers England and Wales. Scotland has a separate adoption process under the Roads (Scotland) Act 1984, and Northern Ireland has its own regime under the Private Streets (Northern Ireland) Order 1980.

Construction to adoptable standard

The highway authority will only adopt a road that has been constructed to adoptable standard. The specific standard varies by local authority, but all authorities require compliance with recognised design and construction specifications.

Most highway authorities require compliance with the Design Manual for Roads and Bridges (DMRB) for the structural design of the road, or their own local design guide that sets out requirements for residential and estate roads. The DMRB provides national standards for road geometry, pavement design, drainage, and structures. Many authorities also publish supplementary design guidance for residential developments covering road widths, turning heads, visibility splays, and footway provision.

Key construction requirements typically include:

  • Road construction layers - sub-base, base course, and surface course must meet minimum thickness and compaction requirements for the traffic loading category
  • Drainage - surface water drainage must be designed and constructed to adoptable standard, including highway gullies, connections to the surface water sewer or SuDS system, and soakaways where appropriate
  • Kerbing and footways - kerbs, channels, footways, and crossings must comply with the authority's design guide and accessibility requirements
  • Street lighting - if the authority requires street lighting, it must be designed and installed to the authority's specification and adopted separately under a Section 38 lighting agreement or through the lighting authority
  • Road markings and signs - any road markings and signs required by the authority must comply with the Traffic Signs Regulations and General Directions 2016

The highway authority inspects the road during and after construction to verify compliance with the agreed specification. The developer pays the authority's reasonable inspection costs as part of the Section 38 agreement.

Adoption process step by step

  1. 1

    1. Engage with the highway authority before planning submission

    Contact the local highway authority's development management or highways development team before submitting your planning application. Discuss the proposed road layout, construction specification, and adoption requirements. Early engagement avoids costly design changes after planning permission is granted. The authority will confirm which design standard applies (DMRB or their local design guide) and any specific requirements for the location.

  2. 2

    2. Agree the road layout as part of the planning process

    The road layout is typically agreed through the planning process as a condition of planning permission. The highway authority is a statutory consultee on planning applications that include new roads. Ensure that the approved layout meets adoptable standards. If the planning authority approves a layout that the highway authority will not adopt, you face a significant problem. Resolve any differences between the planning authority and the highway authority before construction begins.

  3. 3

    3. Enter into a Section 38 agreement

    Before starting road construction, enter into a formal Section 38 agreement with the highway authority. The agreement specifies the roads to be adopted, the construction specification, the bond amount and form, the inspection fee, and the maintenance period. Your solicitor should review the agreement before you sign it. The highway authority's legal costs for preparing the agreement are typically charged to the developer.

  4. 4

    4. Provide the bond or security

    The Section 38 agreement requires you to provide a bond or other form of security before construction begins. The bond amount is set by the highway authority and is commonly around 100 per cent of the estimated construction cost of the road works, though practice varies by authority and some require more. Accepted forms include a cash deposit, a surety bond from an approved financial institution, or a bank guarantee. The bond protects the authority against the risk that you fail to complete the road to adoptable standard.

  5. 5

    5. Construct the road to adoptable standard

    Build the road in accordance with the specification agreed in the Section 38 agreement. Notify the highway authority before starting each construction stage so that the authority's inspector can attend. The inspector will check sub-base levels and compaction, base course thickness and material, surface course quality and profile, drainage connections and gully installation, kerbing alignment and levels, and footway construction. Keep detailed construction records including materials test certificates, compaction test results, and as-built drawings.

  6. 6

    6. Obtain the completion certificate

    When the road construction is complete, request a final inspection from the highway authority. If the authority is satisfied that the road has been constructed to adoptable standard, it issues a completion certificate. Any defects identified must be remedied before the certificate is issued. The completion certificate marks the start of the maintenance period.

  7. 7

    7. Maintain the road during the maintenance period

    The maintenance period is typically 12 months from the date of the completion certificate. During this period, you remain responsible for maintaining the road and for remedying any defects that appear, including settlement, cracking, drainage failures, and surface irregularities. The highway authority inspects the road during and at the end of the maintenance period.

  8. 8

    8. Final adoption

    At the end of the maintenance period, the highway authority carries out a final inspection. If the road is in satisfactory condition, the authority formally adopts it as a highway maintainable at public expense. After adoption, the highway authority becomes responsible for maintenance and your bond is released. If defects are found at the final inspection, the maintenance period may be extended or you may be required to carry out further remedial works before adoption is confirmed.

When advance payments apply versus Section 38

Section 219 advance payments and Section 38 agreements serve different purposes and apply in different circumstances.

Section 219 advance payments apply when you construct buildings with frontage on a private street that is not subject to a Section 38 agreement. The street works authority (usually the same body as the highway authority) can require you to deposit the estimated cost of making up the street before construction begins. The advance payment protects the authority against the cost of making up the street if you fail to do so voluntarily.

Section 38 agreements replace the need for Section 219 advance payments. Where a Section 38 agreement is in place, the advance payment requirement is disapplied under Section 219(4)(d) of the Highways Act 1980, because the agreement itself secures the completion of the road to adoptable standard through the bond mechanism.

In practice, this means you should enter into a Section 38 agreement as early as possible. If you begin constructing buildings before the Section 38 agreement is signed, the authority may demand advance payments under Section 219, which are calculated on the basis of frontage and estimated street works costs.

What to do next

Once your roads are adopted or you have a Section 38 agreement in place:

  • Adopt sewers separately - if your development includes new sewers, these require a separate Section 104 agreement with the local sewerage undertaker under the Water Industry Act 1991. See Adopt new sewers under Section 104
  • Confirm street lighting adoption - check whether the highway authority or a separate lighting authority will adopt street lighting, and ensure the lighting specification meets their requirements
  • Provide information to purchasers - confirm the adoption status of roads in the information pack provided to purchasers and their solicitors. Solicitors' searches will check for adoption status and any outstanding advance payment notices
  • Maintain records - keep copies of the Section 38 agreement, bond documentation, completion certificate, and final adoption certificate. These records are needed if any disputes arise about the condition or adoption status of roads after completion

Related guidance

For works on existing public highways (including obtaining permits for utility connections from your development to the highway network), see Highway works and street works permits.

For traffic management requirements if your construction works affect a public road, see Set up traffic management for road works.

Official guidance and legislation