Road adoption is a term used to describe the council taking on maintenance liabilities of a 'private street'.
A 'private street' is a road, which is maintained privately by the landowner/owners. This means that the Council, as a Highway Authority, is under no obligation to carry out repairs to the street, even though it could be a public right of way to which highway and traffic law can be applied.
New roads that have been constructed in accordance with the Council's guidelines are normally adopted by the way of an agreement between the developer and the Council under Section 38 of the Highways Act 1980. Existing roads will not normally be adopted unless they are brought up to current standards by the owners of the road. It may for example be unpaved, without kerbs, footways, surface water sewers, gullies and lighting or any of these features, and its surface is probably in a poor condition.
Under the provisions of Section 205 to 218 of the Highways Act 1980, the Highway Authority (for the borough of Bury, Bury Council is the Highway Authority) may resolve to refurbish a private street by providing any or all the missing features or by improving the standard of any existing features. This procedure enables the Council on completion of necessary remedial works to adopt the street as a highway maintainable at the public expense.
Frequently asked questions
What is a Section 38 Agreement?
An agreement to ensure the completion and adoption of a new road on a new development. This agreement is voluntary, between a developer and the Council. The agreement contains a bond, which is sufficient to ensure the Council can construct the road if the developer fails, for whatever reason, to complete the work.
How do Section 38 Agreements work?
The developer's proposals are agreed and technical drawings are approved. The Council produces a draft Agreement for the developer to include the developer's proposals. The developer and their surety for the bond sign the Agreement. The Agreement is then completed by the Council.
How do you monitor Section 38 developments?
Inspections are made at various stages in the construction of a new road to ensure the roads are being constructed to the Council's standards. The Council also monitor the progress of the building works to ensure the roads are completed soon after the building works are complete. Inspections are made on a visiting basis by a Council Officer.
What happens if the builder does not complete the work?
If the builder is in receivership and the building works are not complete the Council can "call in" the Agreement bond and require the surety to pay for the outstanding roadworks. The Council can also use the Advance Payment Code Notice deposits, assuming they are sufficient.
What is an Advance Payment Code Notice and how does it work?
A statutory notice served upon a developer requiring the payment of deposits. The purpose of the advance payment code deposits is to ensure the completion and adoption of a road on a new development and to protect house purchasers against the risk of private street work charges. The Council has 6 weeks from the date Building Regulations approval is granted to serve a notice. The builders must pay the deposit before commencing works on site or they are breaking the law.
How to contact us
Phone: 0161 253 5353
E-mail: customercontactteam@bury.gov.uk
On-line: Report a problem
Write or call in: Highway Network Services, Lester House, 21 Broad Street, Bury, BL9 0AW
