Roads (Scotland) Act 1984: construction consent, adoption and road agreements
What a developer or civil engineering contractor must do before building a new road or road extension in Scotland that is not built by a roads authority, how to get the finished road added to the list of public roads, and how to contribute to a road improvement by agreement.
If you want to build a new road, or extend an existing road, in Scotland and you are not a roads authority, you must get the written consent of the local roads authority (the council) before you start. The law is the Roads (Scotland) Act 1984. It does not use the English terms "section 38 agreement" or "section 278 agreement". In Scotland the tools are construction consent (section 21), an application to have the finished road added to the list of public roads (section 16), and an agreement to contribute towards a road improvement (section 48).
This matters to a developer or civil engineering contractor building an access road, an estate road or a service road that a council will later maintain. Building without consent is a criminal offence, and the roads authority can stop up or temporarily close the road.
- Statutory source
- Roads (Scotland) Act 1984, which extends to Scotland only
- Who needs consent
- Any person other than a roads authority who wants to construct a new road or an extension of an existing road (section 21(1))
- Who decides
- The local roads authority, which is the council for the area
- How to apply
- In writing, in the form the authority decides. You must also intimate the application by notice to the owners of all land that would front, abut or be part of the road, and to anyone else the authority specifies (section 21(2))
- Representations
- The authority must consider written representations made within 28 days of intimation, and must give you a chance to be heard before it refuses consent or attaches conditions (section 21(3))
- Time to complete
- Every consent carries a condition that the road is completed within the period the authority sets in writing, which must be at least 3 years from the date of consent. The authority can extend it by notice (section 21(4))
- Appeal
- Within 28 days of being told of a refusal, or of conditions other than the completion period, you can appeal to the Scottish Ministers. The decision is final (section 21(6) and (8))
- Getting the road adopted
- When you have built the road to the consent, apply to the local roads authority. It must add the road to its list of public roads within 12 months of your application (section 16(2))
- Penalty for building without consent
- On summary conviction a fine up to the statutory maximum; on conviction on indictment a fine (section 22 and Schedule 8)